All right. Welcome to the December 17th City of Walnut Creek, a regular meeting of the City Council.
We are conducting this meeting in the City Council chambers. The meeting is being video streamed and can be viewed live or later on the city's website.
So right now, why don't you join me in the Pledge of Allegiance. Stand back up.
allegiance to the flag of the United States of America, and to the republic for which
it stands, one nation under God, indivisible, with liberty and justice for all.
Thank you. Now, we're on to the consent calendar. Roll call. Oh, roll call. Sorry, I'm getting
ahead. Almost. Almost. I was close. It's not on my list. Can we have the roll call please?
Councilmember Davini?
Here.
Councilmember Francois?
Here.
Councilmember Silva?
Here.
Mayor Pro Tem Wilk?
Here.
Mayor Darling?
I'm here.
Now we go to the consent calendar.
We don't have any presentations or proclamations tonight so we're on the consent calendar.
Does any council member wish to pull a consent calendar item?
Councilmember Silva?
I'm having a talk.
going to straighten out here in a second. Yes, I would like to pull items F, I and P, please.
F, I and P, anybody else? I would like to pull items L, item L, so we can talk about that.
So now is the opportunity for public comment on any of the consent calendar
items that have not been pulled. So not you yet. So A through E. It was an L.
She's doing L. Okay. Anybody that wants to comment on A through E, G through K, M
N O, Q R S. Seeing no one, somebody has a motion. Move to approve the consent calendar with
the exceptions of F L and P. Second. We'll call. Councilmember Francois. Aye. Mayor Pro Tem
Wilk. Aye. Councilmember Davini. Aye. Councilmember Silva. Aye. Mayor Darling. Aye. Motion
carries. All right, so now we're going to go to item 2f which is the ACFIR.
Kirsten Lacass. Thank you very much mayor and item f is a the annual audit or
annual comprehensive financial report, which is a tome.
So I'm hoping our Administrative Services Director can give us the highlights.
In other words, if there was a billboard on Highway 680, what would be on it if we were
related to the audit?
Sure.
Thank you.
Good evening, Mayor Darling, Mayor Pro Tem Wilk, and members of the Council, Kirsten Lecasse,
Administrative Services Director.
So as you all know, the ACFAR, or the Annual Comprehensive Financial Report, is a set of audited financial statements that reflects all of the city's financial activities throughout the year.
And what's most important is the auditor's opinion.
And so the city did receive a clean opinion, which is what we all strive for.
So that means we have stated our financial statements fairly and in conformance with regulatory requirements.
The net position is an indication of a city's financial health, and our net position is
$331 million, which is higher than fiscal year 23, so it did increase.
So essentially what that means is the city's assets exceeded the liabilities by $331 million,
and so we are in a good position.
The city's general fund reserves are healthy, and they are funded, they either meet or exceed
the Council's recommended reserve policy.
And if you wanted to see kind of what those reserves
are made up of, page 95 in the ACFOR,
we'll give you that detail.
And then I also just wanna mention that
if you would like to kind of get an idea
of what is in the ACFOR in a consolidated fashion,
good place to look is the transmittal,
which will give you kind of an idea
of what went on throughout the city during the year
and an economic outlook.
And the management's discussion and analysis
really provides a summary of all of the financial statements and a year-over-year comparison
and some variance analysis. So you can find a lot of good information there without needing
to read through all of the 196 pages.
Of questions. You said our net position is 331 million. That's assets, less liabilities.
Correct. So our assets exceed our liability.
So that includes our capital assets. So all of the roads, the buildings, the value of
the parks correct that's correct so we're not sitting on 331 million dollars
in cash that is also correct yes and our reserve levels meet or exceed our
requirements and that's on page 95 page 95 yes do our reserve levels I look at
this so what would you say the reserve levels are and do they include our
pension trust if we include our pension trust we typically don't include the
pension trust as part of our reserves
because it is restricted for a specific purpose.
Our reserves though are about three months
of our general fund operating budget
and the recommended reserve level is two months.
So we do exceed overall.
That-
And our reserve levels,
which I'm skimming this really quickly.
Approximately 50 million, I would say.
Five zero.
Yes.
And that does not include our pension trust assets,
which are about 28 million point in time.
So thank you very much.
Thank you.
Thank you.
Any public comment on 2F?
With that, I'm open for a motion.
Move to adopt the annual comprehensive financial report
for 2024, 2023, 24.
And I will second it because our staff did such a good job.
So roll call.
Council member Silva.
Aye.
Mayor Darlene.
Aye.
Council member Davini.
Aye.
Council member Francois.
motion carries. Okay the next one is item 2L which I pulled more as a chance
to say great job to the staff and getting it to this point and give an
opportunity for the soccer club to come up and have their say and it's two
minutes. Hello Mayor Darlene and City Council and City staff my name is Steve
Chappell I'm the general manager of the Walnut Creek Soccer Club and you can't
imagine how excited I am to be here tonight with with what is on the agenda.
So thankful. I represent 3,000 children in our club and that means times two
usually with with parents and guardians. And this particular project at Heather
Farm and also at Tice will further expand our program offerings. It will
allow us to play through most weather events unlike a couple nights ago when
and we were stopped because of the rain for obvious reasons,
but we're just really thankful
for not only leadership of council,
but also Kevin Saffin, his staff,
for getting us to this point
and to continue the project into next year
and the years forward.
We have a strong partner in us.
We know we have a strong partner in the city as well,
and just really, really excited,
but also very thankful and grateful
for what you're able to also provide us
through your leadership.
So again, on behalf of the club,
thank you all very, very much.
And we really look forward to not only the lights,
but also the all-weather turf field.
Thank you.
Yeah, you're welcome.
Thank you very much.
Council Member Silva, did you have any questions?
I do, and I just want to thank you for being here,
having been a six-year member of that soccer club board,
and there was a long conversation about that.
A long time ago.
you know what do we do in the winter and the answer from the field operations
director which was me was stay off the fields because you were in in one day or
one hour you can ruin a field for months going forward so we're really happy and
thank you for the commitment of the club to raise 1.5 million dollars for the
project so go forward fast we will we will I have a question for staff
Actually, thank you very much. Thank you. I don't know which staff person is the right person
Okay, go ahead and ask and we'll all right
Now that we have coupled together the funds to be able to do this
What's the construction schedule?
Boy, I had a multiplicity of people to choose from
Good evening
Mayor Darlin, Pro Tem Wolk, and rest of the council members.
My name is Michael Hawthorne.
I'm an associate engineer here at the city
and the project manager for this job.
So the goal is to have the project start early spring
and finish by late November early
so that we can have the soccer club use the field this year,
I'm sorry, in 2025 when we're done.
So this means that for about six or seven months,
that ball fields one and two will be under reconstruction?
Correct.
And we're working with the soccer club
on how they can schedule for that.
I know we are, but it's always exciting
until you realize you can't play on a field
for six months while you wait.
Thank you.
Anybody else have any questions on soccer fields?
Council member Francois.
Thank you, Mayor.
And Michael, I think it's for you too.
Thank you.
Steve, thank you for being here.
thank you for the club's commitment to making this happen and being a great
shining example of a public-private partnership and for staff we did get a
public comment I know we've gone out to bid I believe now on the project can you
speak a little bit to the details of the materials that may be used what kind of
base no organic base would be used as part of the turf fields so the turf
field has is made up of several components one is the actual synthetic
turf and then we have infill materials. The infill material is called a geofill.
That's the name that Shaw uses for their product. It's an organic. We're not using
any recycled rubber tires for this project. The geofill material is made up
of coconut and other natural materials and then also sand. I appreciate that and
I think the other question had to do with the life expectancy of the turf and
sort of is it any part of it recyclable or what happens at the end of its useful
life? So the life experience of the field is approximately 10 to 14 years
with good maintenance. I did check with Shaw they actually have a program from
cradle to grave to recycle the material once it's used this life purpose so that
we're not sending it to a landfill. Excellent two for two thank you. Thank
you and I appreciate having organic geo fill because I sure vacuumed a lot of
that out of my car through the years. Anybody want to make a motion? I'll be
happy to make a motion to approve item 2L and having coached Walnut Creek
soccer for 16 seasons I am really happy to see this. I'll make a second. Roll call.
Mayor Pro Tem Wilk?
Aye.
Councilmember Silva?
Aye.
Councilmember Davini?
Aye.
Councilmember Francois?
Aye.
Mayor Darling?
Heck yeah.
Motion carries.
Okay, which brings us to 2-P, and this is a question about police radios.
Item 2-B is for the funding of the replacement of our digital radios for public safety, and
I have a couple of questions.
good evening madam mayor and rest of the council I'm lieutenant Jeff Slater
and one of my collateral duties is a manager of police technology so I'm
hoping I can answer some of your questions this evening well I hope so
as you may know I sit on the two-county board of the East Bay radio
communication system Authority one of the things when we look at the inventory
of radios that each of the public agencies has police fire East Bay parks
that everybody has more radios than the actual police departments or fire
departments and that's because they're in public works and other departments in
the organization. This funding which comes from them is primarily coming from
the federal government to the COPS grant funds the replacement of 130 radios. Do
you know how many radios in total we have in the system and what we will do
about those radios for replacement? That is an excellent question and we checked
our inventory that goes back about as far back as 15 years. We had 145 radios
total. We realized that checking our increased projected staff numbers
currently that we are projecting in the future to get like 85 sworn personnel.
Knowing that we have to take care of our reserve supplemental staff support staff
members and when an emergency happens in public works we need to be able to pass
stuff out. We realized we had more than we needed and we're being good stewards
with our money and we are only needing 130 handheld radios to take care of all
of our existing staff support staff and we'll still have a surplus left over to
help out people such as Public Works. Great. Thank you for the question the
answer. Happy to move the item after public comment if there is any. All right
thank you very much Lieutenant Slater is there anybody that wants to do public
comment or any additional questions? All right you're relieved and I think we're
ready for a motion. Move item 2p. I second item 2p. Okay roll call. Council member Silva?
Aye. Council member Davini? Aye. Council member Francois? Aye. Mayor Pro Tem Wolk? Aye. Mayor
Darling? Aye. Motion carries. All right that takes care of our consent calendar
the consent calendar that goes all the way to the letter S. So this brings us
to public communications and as some attendees may be participating in their
first Walnut Creek City Council meeting which it seems like I might be doing but
I've been here a while, I wanted to welcome everybody
and talk briefly about the public comment process.
For each, there will be an opportunity for public comment
on the individual items when we get to those.
So if you desire to speak on an item that is actually
on the agenda, please hold your comments until that time.
And now we're at the part entitled public comments,
which is for public comments for items not on the agenda.
Any comments during public communications should not relate
to an item that's on the agenda, consistent with section 9.5
of the city council handbook 30 minutes will be initially allocated for public
communications for items not on the agenda. Additional time for public
communications for items not on the agenda will be provided at the end of
the open session portion of the meeting if necessary. If you desire to provide a
public comment please complete a speaker identification card and line up behind
the lectern at the appropriate time. Wait your turn and then when you approach
the lectern please state your name and city of address for the record you will
have two minutes to address the city council. Please keep in mind that this
This is a City business meeting. The City Council has adopted rules of decorum to ensure
that meetings are conducted efficiently and effectively, and that all members of the public
have a full, fair, and equal opportunity to be heard. The City Council handbook outlines
decorum expected in the Council Chambers and can be found on our website. All remarks should
be addressed to the City Council. Please do not use threatening, profane, or abusive language
which disrupts, disturbs, or otherwise impedes the orderly conduct of the meeting. Again,
And each speaker will have two minutes to make your remarks, and written comments that
were submitted in advance up to two hours before the meeting have already been posted
for the city's website and for public review, and we have got them here on council.
So at this point, we'd like to welcome forward anybody that would like to address us during
public comment.
Please step forward, state your name and address, and...
Good evening, honorable City Councils, Council and Mayor Darling.
My name is David Harder, and I've lived in Walnut Creek for 37 years.
I swam on the Walnut Creek Masters for years until a construction injury ended that happy
time in 2005.
Expert public comment from Steve Stahl, Masters swim coach with 50 years experience, states
he has competed in over 100 aquatic centers nationwide.
Each was anchored by a 50 meter pool.
They all had dressing rooms without exception.
Why has the Walnut Creek Aquatic Federation said nothing about changing rooms?
Their long struggle with the city to get a 50 meter pool sized for competition left them
with no interest in more meetings.
Silence is not agreement either here or in a court of law.
There is still time and budget to add dressing rooms as described in my public comment on
November 19th.
If the new aquatic center opens in 2027 without dressing rooms, I predict this.
Swim teams will be unable to host competitions, so Walnut Creek will be the laughing stock
of the West Coast and beyond.
Now I did take trouble to reach out to the aquatic community and ask what they did want.
As far as I know, that had not happened until then.
This is what they want and you've got a copy of it.
They say, swap out the aquatic classroom for the changing rooms.
This is the same area, it's the same money.
My question for this council is are you going to talk to talk or walk the walk.
This is what they want.
Thank you.
Questions?
During public comment we just received public comment and we can you can address it to staff
we can have staff meet you outside if you want to talk about it but we can't take action
on things that are not on the agenda.
Although Mayor as I recall we are able to ask questions of staff after the entire public
communication as well.
Good evening.
Jan Warren from the Woodlands.
I just have a few comments on the intersection at Ignacio Valley Road and Oak Grove.
My neighbor's two children get on their scooters and go up to Foothill and back every day and
I'm sure they're not the only ones using that route.
And I understand from a next-door post that that's the most impacted accident area in
our city.
I just wonder what proposals we might consider to make it safer.
Thanks.
Thank you, Jan.
Any additional public comment?
Hey, everybody.
Brandon Moran.
I'm speaking to you tonight on behalf of the Community Arts Foundation.
If you are unfamiliar, we are a local nonprofit.
We help raise money for scholarships so people of all ages can take arts classes at the Center
for Community Arts right here in Walnut Creek.
What we do is we provide the means for people to take preschool classes, pottery classes,
who otherwise would not be able to do so.
And in the last couple of years, it's been challenging in the fundraising space, as you
can imagine.
We've got a shrinking donor base.
The cost of living has gone up, so it's been challenging.
So I am here tonight with an idea I hope you'll consider.
And that is to reinvest a small portion of the measure O funds
in excess into a program which could
be used by local nonprofits, such as ours,
to help draw from and petition the city when they need help.
Because the money we raise goes directly
into the hands of parents who otherwise can't afford it
so their kids can take preschool classes with the city.
And for us, a little goes a long way.
There's $125 worth of a donation.
We'll pay for just a quarter of an entire art class
or classes for a senior.
$500 donation pays for two weeks of summer camps for kids.
and $700 pays for, let me get this right,
a quarter of an entire preschool year for one student.
And this is meaningful because these are local families,
which need help right in Long Creek.
So if this is of any interest,
I advise you just put it in your back pocket
the next time there's money.
And I'm happy to be a resource.
And if anybody watching home wants to know more
about what we do, it's comartsfoundation.org.
Thank you very much.
Thank you very much.
And I already sent my donation for the year, so.
All right, any additional public comment?
Well, thank you all.
We are gonna close public comment and we'll move on.
And actually, Mayor, if I could just quickly ask,
not sure if it would be Mike Vickers
or whoever's involved with the pool.
I feel like what the comment that we heard
from the public regarding dressrooms,
we've heard several times before,
but maybe people haven't heard the answer up, great.
haven't heard the answer specifically um so could you please just tell us what's
happening with dressing rooms? Sure for the record Kevin Safian, director
of arts and recreation. Yes we staff addressed this back in September
when the council reviewed the design of the pool this question came up.
The answer was yes there are definitively dressing rooms
in the facility both for men and women. We actually met
yesterday with the Aquatic Foundation to go over the final design before they go into
construction drawings. They were supportive of the direction for the pool, for the pool
deck, and the dressing rooms. And so, yes, there are a little bit different than what
we have today. Today, it's more of a group dressing area. The modern design of Aquatic
facilities and changing rooms is individual changing spaces, individual showers, and there
is still an area where people can change outside of those dressing rooms. And so, it is a combination
of what we have today and what a modern facility would have.
And so we're confident that the design that we have
in place will be successful, will be supported
by not just swim teams, but by members of the public.
Right, and they're adequately sized
for what we're expecting?
Yes, they are.
And the question about should we swap out the classroom
for a changing room?
That would effectively take away the facility
that the swim teams use for meetings,
preparation for swim meets,
birthday parties, training for our aquatic staff, lifeguards.
So staff does not support changing out the classroom
for a changing room.
But it doesn't seem like we even need that
because we have adequate changing rooms.
That's correct, yes, thank you.
Thank you for the clarification.
Thank you.
Mayor, if I may just add to that,
I do also want to highlight that staff have had
extensive discussions with Mr. Harder
about his comments and requests.
We've reviewed those as Director Safin noted
multiple times with our expert consultants.
We believe we're on a sound path and at this point,
we're at a stage where we agree to disagree.
Thank you guys all for clarifying that.
I think we'll move on now to closed session announcements.
Thank you Madam Mayor.
There were no reportable actions
from closed sessions this evening.
Thank you.
City Manager report.
I do not have an update this evening, Mayor.
Okay, that brings it back to us
for City Council member reports on AB 1234 activities
and other such things.
go ahead and start with council member Dafini.
All right, thank you.
Since taking office, not on any assignments right now,
so I have attended the mayor's conference,
which is an organization of mayors and council folks
in the area within Contra Costa County,
and it was a holiday party and went there
with some of you all and we had a good time
and I enjoyed meeting other members of the community
the surrounding community and in positions of leadership so that we can work together in the
future. Same thing with the East Bay League of Cities. They had a holiday party and it was nice
to meet the folks there. That includes both Alameda and Contra Costa, so a chance for us to collaborate
across those county lines as well. One of the openings that just took place is the Hope
development down on the Tice Valley Grace Presbyterian Church and they had a ribbon cutting
and we I think we were many of us were there for that one and that was a that was a very nice
event. I just wanted to speak to that event just a little bit to let the community understand
more about that project and why it's important. What they did is so Hope Solutions is a organization
that provide services to folks who are experiencing homelessness. They have recently gotten into
the space of building buildings and trying to find housing by the joint effort of both the
building process and providing the resources. So what those three units there, seven units there,
six of them were for a living. There are approximately 270 square feet each and each one will house
one person and it's going to be like someone more in the elderly group because of its location that
was those are the folks that were chosen. The project cost was two and a half million dollars
but of that 850,000 was donated in the form of labor by Pulte Development so a shout out to
Polte for their help with that project. It's interesting to look at the cost, so that brings each unit after the donated
labor was about 235,000 to build and that's from scratch, you know foundation, they're essentially big kitchens and
bathrooms, so you know typically inexpensive per square foot, but I thought that was a pretty reasonable cost.
What those projects will be, what each one of those homes will be is it will be permanent
housing with supportive services and so what what that is is when we look at the different
needs for housing for folks who are homeless there's emergency shelter which is less than
six months doesn't provide much in the way of resources is considered very temporary
then you can have transitional which is really trying to move folks from the homeless situation
into more permanent housing and that's over six months usually within a year or two
And then when we get up to a little more permanent housing,
there's a permanent housing with supportive services,
and then there's affordable housing.
Both of them were looking to find,
the folks that take these spaces are paying about 30%
of their income to their cost of housing.
And what differentiates the two of them
is that these services that are provided.
So when you have permanent housing
with supportive services,
you've got mental health counseling there,
social services, they can help with food scarcity,
all the issues that prevent people from moving
from a chronically homeless state
into a more permanent housing situation.
So when you look at that, it's actually, I think,
quite cost effective to pay for those services
because if we don't, these are folks that would otherwise
go back to being homeless again
if they didn't have the supportive services at their home.
So they would be utilizing higher rates with EMS,
emergency medical care, jails, emergency psychiatric services so I thought that
was a really great project and I'm looking forward to seeing what else they
can do with Hope Solutions and their housing. Thank you that was a great
groundbreaking. We'll turn it over to Councilmember Silva. Thank you very much
Mayor. Good evening everyone. Even though it's December it seems like everyone
takes this time of the year to compress everything they would do in a month and
to try to do it in two weeks.
And so many of us have been very busy
over the last couple of weeks.
Our Recycle Smart board met this month.
Recycle Smart is the trash recycling
and organics company or agency
that represents six number cities
and the portion of the county.
And council member Francois and I are representatives
from Walnut Creek on that board.
At our recent board meeting, I looked back and thought,
Boy, were we busy last week.
We received a preliminary presentation on the proposed rates
that we will be having for the collection of garbage
and recycling on organics starting in March,
and it looks like all five of the cities
and the unincorporated area of the county in our agency
will in fact be raising rates roughly seven to 8%
starting in March,
basically because to cover the increasing
costs of fuel and labor.
Now, if we have additional funds that are available
at the end of the year, which we did at this last year,
then those go into our respective reserves.
Walnut Creek has the largest reserve levels in our agency,
but the nice thing is we've been able to use those reserves
when we need to to smooth rate increases
so they don't come as dramatically at times,
but also we've been able to reinvest these reserve monies
into recyclable materials and products.
So we've used them to be able to purchase
shade structures, big belly trash facilities,
and also to replace roofs on community facilities
and the shade lens historic building
with recycled content, roofing materials,
and so we've had an extra source of funds
to basically put recycling funds to work
un-recycled materials. So you'll hear more about this in the coming months. We
also received a report on our 2023 diversion results that we submitted to
Cal Recycle, the California State Regulatory Agency. We have a goal that we
need to meet 50% of what we collect has to be diverted as recyclable or
organics and Walnut Creek has reached a 64% diversion rate this last year so
doing great but we're looking to be able to do better as we go into the future and I my colleague
will have more to report as well but I have a few other items to cover. The League of California
City's annual meeting of the board and leadership from across the state was just a couple of weeks
ago and we set our goals for 2025 and these are goals that 483 cities in the state of California
have agreed to and we're based on the input of people across our leadership of city leaders
across the state. So four goals one is to protect local revenues and expand economic development
tools. As we go into a change in administrative leadership and some constraints of the state's
budget we are concerned about our own local revenues and how we're going to produce additional
revenues through economic development. The second goal is to strengthen climate change
resiliency and disaster preparedness. And I will tell you that as we were discussing this goal
two weeks ago, the 7.0 earthquake in Humboldt County hit. I mean, the lights were shaking and
all of that, so it was a reminder that disasters can happen at any point. The third goal is to
strengthen and modernize critical infrastructure. That includes roads, bridges, water facilities,
and broadband infrastructure and the fourth is
to secure investments to prevent and reduce homelessness
and increase the supply of affordable housing.
Thank you to my colleagues
for the input you may have provided over the fall
on those issues and we look forward to working both
at the level of sharing best practices across our cities,
across the state and also to advocating at both the state
and the federal level on those issues.
The, before we actually had a finalizing our policies
and goals for the coming year,
we had very interesting presentation from the head
of the State Budget Policy Institute
on what the state's basically financial situation looks like.
The legislative advocates, the LAO's office has assumed
about a $2 billion budget shortfall for the state.
But that is for one year and that's probably not so bad.
Unfortunately, for the years out beyond that,
it could look in the dozens of billions of dollars.
But the other distressing news was
that to learn how the state's budget is really structured,
I'm going to get this right so I need to look at my notes.
A third of the state's budget, which is about $450 billion,
comes from the federal government.
So as the federal government looks to pull back its funding,
we're going to feel it here.
And of this $150 billion that comes from the feds,
$100 billion of that is actually in health and human services.
It's in Medicaid, which is basically supporting 14 million
people in this state, 14 out of 40 million people. So that is going to
affect our counties, which are the arm of the state to deliver health and human
services locally, and it's going to affect all of the cities as well because
we're going to see a shifting of priorities, etc. So with that, you can
understand why the top goal is to preserve our revenues and look for more
economic development tools. I've served for the last year on our local
Committee of Arts Commission and representatives from the city on selecting the artworks for the Heather Farm Park and Community Center project and
Just last week we have finalized our recommendation that we'll be going to the Arts Commission in January
We started with dozens of applicants of artists and with staffs help
It was one own to 32 and then we went out it to 10 and we interviewed 10 and then we had five finalists
who actually presented ideas and where the art would go, and rather than picking one artist,
we picked three separate pieces from three separate artists. One would be a mural that would be on
the bathhouse changing room wall, so you would see it whenever you enter the roundabout for the
community center and the
aquatics facility. One would be a
lobby central, in the central lobby of the community center, we would have a hanging
art structure that is very beautiful and actually is, pays homage to California State Flower.
And the third piece is a sculpture piece that would be somewhere in the park near the playground
and the aquatic center and the volleyball and the all of that. So those are moving forward
to the Arts Commission at the end of January, and finally I will mention that we've had
the debrief for this year's Community Service Day.
We had good results, but we are going to be looking at making some changes because the
schools are changing the way they approach their fall calendars, and that's where the
crux of a lot of our work for the projects come from our schools.
So we're going to be doing some work with reaching out to them and gathering more information,
And also with the reconstruction of Heather Farm Park in the Cuba, first the ball fields
and then the aquatic center and the community center, we're going to be a little bit of
on wheels to a bit so a little more mobile for our central location.
And that's happy holidays, everyone.
Thank you.
Councilmember Francois?
Okay.
As the former liaison to the Chamber of Commerce, I attended the Chamber Strategic Planning
session meeting on November 22nd, that's the annual meeting that the chamber board
puts on to do their strategic planning for the upcoming year. It was a great turnout,
city manager was there and we had all the board members and it was led by a facilitator.
We kind of through a process of voting, we narrowed down the strategic plan focus areas
to four areas, talent and workforce needs,
economic resiliency and capital access,
regional and government support,
and I can't read my notes on the fourth one.
Let's see, growth and expansion resources
for scaling businesses.
And not surprisingly, I was slotted into the regional
and government support focus area,
and we had a good, robust discussion
Among everyone that was there, folks that were commercial brokers to executives with
John Muir about how we can be the chamber can be advocates for streamlining the permitting
process here in Walnut Creek.
They can provide support on tax issues and business friendly policies and yes, you heard
that right, that the chamber is interested in being a partner and looking where they
can to support tax issues similar to the positive support they gave for Measure O, which was
very helpful to getting that over the finish line, having the business community in addition
to the larger community behind it.
And in general, simplifying navigating the city and regional requirements.
It's not just you might need a permit from the city, but you'll also need a permit from
a utility or maybe from a regional government agency.
And so trying to talk and work more seamlessly, not only in the city, but among the various
different governmental agencies.
So that information now is all being condensed and consolidated.
Mayor Darling, I know will be our new liaison to the Chamber Board, and we'll see this through
to completion, and it'll be rolled out in the form of a placemat and implemented at
the State of the Chamber event in April.
And as a member of Recycle Smart Board, I also attended our last meeting with Councilmember
Silva.
And in addition to her report, we agreed to make some minor revisions to the RFP for the
collection services.
If you've been tuning into my last update, you'll recall that we've awarded contracts
for post-collection services, which are the transfer, the processing, and the disposal,
the landfill part where the solid waste goes.
That part is done.
We've awarded contracts to various different agencies
starting in 2027 when our current contracts expire.
The next phase is to go through a competitive process
to award contracts, probably just one contract
for collection services.
And the way that the RFP was structured
was focused on transition to zero emission vehicles
and phasing that in over the life of the contract.
Given the changes that may happen at the federal level
with how California can enforce those zero emission vehicle requirements,
we're providing the option of the traditional zero emission vehicle route
which we had originally planned for and then the non-traditional,
non-zero emission vehicle route which would still likely involve some component
of zero emission vehicles given our state's strong focus on climate change, but also gives us the
flexibility to pivot if what we had originally planned for doesn't come to fruition. I'm also
very excited to say that Walnut Creek will be hosting a repair cafe in Civic Park on January
25th from ten to one. This had been a successful program that Recycle Smart and Republic Services
are our waste hauler had partnered on with other volunteers in the community and rolled out in the
Rossmore neighborhood and now it's coming downtown and opening to the larger community
and you can bring there'll be 20 repair coaches you know don't bring shoes or have items that
you need to be you know heavily altered it's not that type of repair or probably a television but
you can bring small household appliances jewelry and clothing uh i'm told they will also have a
bike repair uh facility there so those are the items that you can bring january 25th 10 to 1
civic park in the assembly hall so right across the street and then i also just want to shout out to
Two of our fellow board members who turned off the committee for Recycle Smart, Renata Soss,
six-year council member and former mayor Moraga and Inga Miller, former mayor of Arinda who gave
great leadership and were great partners in helping advance our common goals to reduce, reuse,
and recycle. Along with Councilmember Silva, I serve on the Housing and Community Development
committee we met last week to start preparing for the
cdbg grant funding which are funds that we get
community development block grant funds funds that
each city in the state including walnut creek
gets from the federal government and are to be used for certain purposes in
terms of helping unmet community needs on
housing homelessness senior services so as part
of that process you have to, there's a three-year funding cycle and a five-year planning cycle and
I'm not sure why they don't match up but there's also a two-year funding cycle. So
we're going through the process of updating the five-year plan which will have to be adopted
next year and in connection with that we did a community survey and a lot of the items we got
back in terms of data points were a desire to help seniors and persons experiencing homelessness,
additional housing services, infrastructure improvements
and facilities for disabled people in our community.
A lot of the survey respondents expressed a desire
for more mental health services, especially among young people.
There's interest in hunger and nutrition program
and then employee assistance programs.
And last but not least, so what happens next is we'll take those
survey results will fold our information into the larger county planning process for that.
The plan will come back to the council in February or April. I think it's one of those
days. First quarter next year. It will get adopted and we'll start the process. I know
in February we hear the applications for funding. That's right. It was, it seemed a little cart
in the horse. So the applications for the funding come in February, the plan is April.
But it all worked out.
And then finally, I and many of my colleagues attended the holiday party for the Walnut
Creek Library Foundation, which is the nonprofit organization that fundraises for the two libraries
we have in Walnut Creek that allows for additional books and programs and services that they're
not able to provide through the regular traditional county funding process.
And so it was hosted at the Ignacio Valley Library and we were treated to a tour of that
library by the head librarian and she pointed out, you know, many of the really great programs
they have going on there, including a homework club, they have laptops for rent and other
many various different volunteer activities, which is, was fun to see that and I encourage,
We often, you know, the focus can be on the downtown library and we have this other great
resource in terms of the Ignacio Valley Library and I encourage all of you to take advantage
of it.
That is my update.
Thank you.
I will turn over to Mayor Pro Tem Wilk.
Well, living in that area, it is a highly used library.
It does not get the credit for that for sure.
I've seen that for myself.
As we heard from Councilmember Davini, there was a big grand opening at the Hope Village,
but there were two other grand openings that same day
that are gonna be highly impactful for Walnut Creek.
The first was Enclave Homes,
which opened up in a 1.7 acre lot size
where there was one home on it previously.
It's off of Walnut Boulevard and there's now 13 new homes
for sale right now for new residents.
Well, I guess, or current residents
that would like to move there,
but either way, there are 13 new homes.
That was exciting to see.
And then I zipped over after all of that
to the Family Justice Center South County Office
that opened in Danville right next door
to Supervisor Candace Anderson's office.
And the Family Justice Center helps families
that have suffered domestic abuse, domestic violence,
especially people that may not have English
as a second language or have English as a second language
and speak Spanish or another language as their first language.
And they're helped to navigate through the system
and working with the county.
So it's really valuable.
This is the fifth office that's opened in the county,
and this will serve not just Danville and San Ramon,
but portions, Alamo and portions of Walnut Creek as well.
So those were, that was a big day
of really important openings.
For committee assignments, I was,
we had the finance committee with Mayor Darling,
and we brought that forward, recommended that,
and we actually just heard about it
and approved it during our consent calendar today.
And I had the opportunity to have a presentation
at the annual Cal City Clerks Conference,
which our two city clerks were at.
And this was, unfortunately, I know too much about this,
but it was titled Hate in the Council Chambers
and how we can work to minimize that.
And what are some of the tips to be able to help reduce it
and potentially even eliminated at times.
I was on with three other,
we had a council member from Pacifica,
a city manager from Ventura,
and a city attorney who handles
three or four different cities
to really get a perspective
of what their experiences were,
which unfortunately also dealt with
hate in their council chambers.
And some of the, just ideas that we were able to provide
over 300 city clerks from cities throughout California.
so I hope it was valuable for the rest of the state. I hope it was valuable
and and I was accurate unfortunately in what we've been dealing with as well.
Thank you both for everything that you've done here and helping us
get through that as well. Next I'll actually be presenting this at the
annual Cal City City Managers Conference that's coming up
in Rancho Mirage in early next year. On this Thursday morning
coming up as on the board for County Connection
will be rechristening the administration building of county connection as the Schroeder family
administration building in recognition of the decades of involvement in county transportation
public service of Bob Schroeder former Contra Costa supervisor and former Walnut Creek mayor
and his son Rob Schroeder a former Contra Costa Central Contra Costa county transit authority
board member and longtime Martinez mayor. The Schroeder family have had a home in Walnut Creek
for over 60 years and their insurance company operated on Main Street until just a few years
ago. The building is one of the oldest buildings downtown and while still owned by their Schroeder
family is the current home of Telus Coffee. So that christening of the administration building
will occur on Thursday at 10 30 a.m at the county connection offices in Concord. As the new liaison
as voted on just tonight for the DRAA. I should mention that a Christmas carol is fantastic
and it runs through December 22nd. Only a few seats are left. For those who haven't seen it this year,
this is the best production of the show that I've ever seen and I've seen it for over 10 years.
The special effects are truly magical and amazing. The Chronicle called this the best rendition of
a Christmas carol in the Bay Area and has been for years. I saw so many families bringing their
children of all ages, everyone raving about it afterwards, great family show, please go see it.
In fact, you should be getting on the website right now and getting tickets for some of the
performances that are available. And the last thing I wanted to mention is the downtown Manora
Lighting will be on Sunday, December 29th. I think it's the fourth night of Hanukkah,
in the plaza outside Macy's at Broadway Plaza, and it occurs at sundown approximately 5 p.m.
I'll be there, any other council members would like to join me, but a lot of the community show up.
If you've never seen that, they're singing, there's dancing, there's latkes, there's hot chocolate.
It's really, it's a great environment and something that's just great to see, so I will be there.
I hope I see you there, too.
Thank you very much, and I've heard that there's a really especially good cast member in the Christmas carol
that plays Mrs. Fuzzywig or Fuzzywig or whatever.
Her last name is Wilk and she may or may not live in my house.
May or not. Just a couple things I think a lot of things that I've been to have been touched on
but we did get together with the East Bay Regional Park District staff who are working and the two
board members who represent the city of Walnut Creek. They are kicking off their new long-term
planning process and so we got to talk through what we've done as far as sustainability planning,
transportation planning, all the different kinds of planning that we've done in the city and how
that can work with East Bay Regional Parks.
We'll see more from them as they go forward
with their planning effort.
I represent the city on MCE,
and we did a bunch of retreats and strategic planning
to try to get us ready for our next round
of budget process, but we got an early Christmas gift.
The Fitch organization upgraded the MCE credit rating
from triple B plus to A minus,
which is going to save us some money on our new contracts,
they cited the fact that MCE does a great job
retaining their customers and providing a service
at a very affordable rate.
As with it, it's not a monopoly,
so people can leave the MCE and go back to PG&E,
and we work very hard to keep our clients at MCE.
Everybody missed the donor celebration at Lesher?
Somebody said that.
Anyway, that was a great one.
A chance to get to talk to a lot of folks and then tomorrow morning
I am going to represent the city because we have the arts access performance
Of a christmas carol. So kids from different schools are funded through the dra a to come and enjoy the christmas carol
So that will be a lot of fun
um
Hope village I did want to give it there's a there's an intersection here when matt talked about permitting and other agencies
As hope village was going forward to get its permits. They went to
East Bay mud and East Bay mud said we don't care that there are only a couple hundred square feet houses every one of those needs a
Water meter and so I one of the last things that John Coleman did before he left the East Bay mud board
Was he talked East Bay mud down off the ledge and got Hope village to get away with just two park tube water meters
Instead of having to pay for 10 and a new water meter is not an inexpensive endeavor
um
I get to do gingerbread houses on Thursday
And I tell you this, being mayor, there's a lot of sugar involved.
Last thing we did hear from the Trinity Board that our long time Executive Director Leslie
Gleason is leaving, so we will be having a change in leadership at the Trinity Center. They have
been an essential partner to the city of Walnut Creek and are dealing with homelessness and we
wish Leslie Gleason well in her new endeavors and we'll be looking for a new one. So that is it.
for all of the wonderful things that we're doing for the city and now we come
to the consideration item which is the City Council 2324 priorities update. Take
it away. Good evening mayor, council members, members of the public and city
staff. My name is Carla Hanson. I'm the deputy city manager and the item before
you is the 2023-2024 City Council priorities update. The recommended
action before you this evening is to receive the update. Back in February
2023 this council set five priorities for the next two calendar years and
every quarter we come before you and we update you on the work that we've done
on your five priorities. So we've done that over the last two years and this
will be your final update on these five priorities as the council is going to
come together on February 11th in 2025 and set new priorities. So my
My presentation to you this evening will go through each of these priorities and update
you on what we've completed since your last update, which was in June, and then did want
to highlight that all of the accomplishments under these five priorities are attachment
four, are recorded in attachment four for this item and also linked on the city's website
for the public to peruse at their leisure as well.
So as always with this presentation, I will go through each priority and then I will pause
for questions. And although I'm the sole presenter this evening, we do have department directors
here and city staff to answer your questions. So beginning with diversity equity inclusion,
this priority is focused on continuing to build an inclusive and welcoming community.
And we've been focused in seven areas. And so I'll update you on a few, few highlights
that we've accomplished since June. City staff began working with Ready Set to help build
and create a comprehensive DEI B program.
We started that work in March.
Ready Set did a comprehensive survey of city staff,
including focus groups, to really understand
where our organization was in the process of change
and becoming more inclusive.
Those survey results were presented
to city staff in December.
And some of the highlighted results of the survey
were that employees really feel proud
work for the city. They feel that they understand how their work contributes to the city's mission
and the overall improvement of the community. And they feel that working for an organization that
upholds a strong culture of DEIB is something that they're very interested in and are proud of
for the city. In addition to that, Ready Set also recommended some next steps, which include
developing a DEIB strategy and really focusing on leadership and decision making and communicating
the Y around those things, talent management, and culture and engagement. And these findings will
also be helping develop a welcoming resolution that will be coming to the council in 2025.
The city hosted a number of events to reinforce its commitment to DEIB and the community.
Pride, June was Pride Month, and we celebrated with six different Pride events
throughout the community. And then in July, 7,000 community members attended the Fiesta Cultural,
this is a Latin American arts and culture celebration that included performances by local
artists and nationally recognized artists, and then also had an all-day street fair with local
vendors. And then of course we also had our fifth annual Trunk or Treat at Civic Park that included
Dia de los Muertos celebration alongside all of our Halloween activities. On the
employee side of things our rising tide team which is a new group of employees
that are focused on inclusion and belonging in the workplace hosted their
second annual book club and organized an exhibit to display the range of city
staff and family histories that is on display in our third floor hallway if
you haven't seen it is very moving and very very engaging. That team also
continues to implement the chosen name policy and is also working on
researching language translation services and enhancing transparency
around our employee leave options and benefits. And our Arts and Rec Department
is working with Rising Tide to continue working with working together on
sensory inclusive spaces throughout the city for both the public and city staff.
and with that I will pause for questions. Does anybody have questions on
the DEIB? Mr. Silver, councilmember Silver. Thank you very much Karla. So we have
five goals and you're going to cover all of them tonight but I think I'll ask my
first question and then you can figure out how to address it each time. Many of
these goals are very broad, they're very aspirational, they have a lot of moving
parts and a multiplicity of sub goals would you say that it's even feasible
that any of these goals can be accomplished in a single two-year time
span? I'm thinking I would say a lot of these goals a lot of the initial work
that needed to happen on these goals planning creating strategies etc have
been completed but then it's really implementing those plans so I would say
the work becomes ongoing or operational in nature after the two year period.
So in this one space, diversity, equity, inclusion and belonging, would you say
that there's anything that still is part of the work in progress, not a planning
stage, but are there some things that we're still working on to try to get
done and what would those be? I would say our DEIB, the recommendations from Ready
set was to create a DEI strategy in our organization, so that is something that we will be working
on and continuing to work on. Also, I think some of the DEI efforts that we have started
in the last two to three years have become part of the walls, if you will, of City Hall,
and so those things are going to continue over the next couple of years.
and I'll probably ask you the same question about each of the other four which is you know
we've got we've accomplished a lot but what else might still be remaining in the next six weeks
all right thank you sure the staff heard that question too councilmember Francois yeah following
up on councilmember Silva's question and maybe it's part of this plan that we're going to be
developing with the consultant's help on training ongoing training I'm kind of interested in what
the schedule would be for that and what sort of topics I know we all had implicit bias training
and then it seemed like new staff members and new commissioners got that as well but building on
that as a base kind of what would some of the future training topics be and when would we likely
see them when have our HR director come and answer that question Mayor Darling Mayor Pro Tem Wilk
I'm not used to this microphone here, and council members, good evening, and to answer your question,
we do have some additional trainings in the lineup for 2025 that have been indicated as next steps
as part of the recommendations by Ready Set, and those are inclusive people management, and that
is for managers and supervisors and department heads, and interpersonal bias and allyship,
and that is for all staff. Additionally, we will continue to provide foundational
DEIB training to councilmen or to commissioners excuse me and all new staff members
Is there anything else for us as a council to participate in?
Not as indicated in our next steps. Okay at this time. Thank you
Any other questions?
actually, I'll ask a question
um, I I think this is playing off a little bit of what we heard from council member silva, but
Just because we have had this priority for two years, any of these priorities for two years,
doesn't mean that that work ends. If they're not a priority, it's like if homelessness is not a
priority, homelessness is not over, we've done our job, right? So these are things that we continue
to work on throughout. Correct. All right, thank you. All right, let's go ahead into the next one.
Let's jump right into economic development and job creation. This priority has four different
elements and I will be updating you on updates since June. Our economic
development action plan is a two-year plan with strategies to promote economic
diversification and capitalize on the city's strengths. We've had some staffing
changes in our economic development division but good news we will have a
new economic development manager starting in January 2025 and we're all
very excited to see them start working here and getting their hands right into
economic development. Since June we've completed the adoption of the Shadelands
PBID annual reports and we continue ongoing collaborations with the
Chamber of Commerce, Walnut Creek downtown and our other local associations as
well as our real estate community and our business community and continue to
strengthen partnerships with our local businesses and organizations. The focus
of our permit streamlining goal is really to improve the development
process permitting processes to create to make it easier and more understandable for our customers
We staff provided a development services update to the council in September
That included outcomes in areas of customer service and process improvement and collaboration and problem solving on our development services team
Also in September the non residential standards and guidelines were adopted by the City Council
which helps really clarify the process of design review which was part of our permit streamlining goal and
Then kicked off in October was an update to the city's sign ordinance and process
If you've been downtown in the last year, you'll know that Locust Street was under construction
Mostly by our Contra Costa Contra Costa Central Sanitary District in East Bay Mudd district that was replacing aging
utility infrastructure. We leveraged this construction to go in behind them and complete
some paving work, some streetscape work, and traffic safety improvements. And we held a ribbon
cutting in November to reopen the street. New and improved, as you can see in these photos.
And with that, I will pause. Questions? I think we're happy. Oh, same question. What's still to
to be, where are we in the streamlining, et cetera,
because I know there's a lot of great programs and plans
in the works and maybe we can summarize a few of them.
I can tackle that, there's a lot left to do.
So, you know, the Economic Development Action Plan.
Don't abandon this quite too soon.
Yeah, the Economic Development Action Plan is at best,
you know, halfway through from a timeline perspective,
there's a considerable number of actions
if you look at the attachment
that's in the part of the staff report,
And in addition, in terms of streamlining with permits,
we've made some headway,
but there's considerable work yet to be done.
And I would just wanna acknowledge
that I see some representatives
of Walnut Creek downtown here,
and I thank them for their involvement in this
and for their input and participation.
Other questions on economic priority?
All right, moving right along.
Moving into environmental sustainability and climate action.
This council adopted the Sustainability Action Plan in July, 2023, and since then we have
been working to implement that plan for you.
But we pause to accept an award in 2024, the Beacon Spotlight Platinum Award, where we
are recognized for sustainability best practices, and I think, more importantly, our long commitment
to sustainability and a focus on really reducing greenhouse gas emissions and being resilient.
the council has had that mindset for a long time
and sustainability has been a priority for the city
for a number of years.
We participated in a number of community events
including a very popular building electrification fair
at Cali Craft.
I won't go into too much detail about the repair cafe
that's coming up in January
because council member Francois talked a lot about it
but our sustainability staff who's here tonight
is very excited about it.
So coming in 2025, what's left of sustainability?
A number of big things.
So we've got the Electric Vehicle Strategic Plan,
which really is going to focus on
what level of electric vehicle infrastructure,
chargers, et cetera, do we need throughout the community.
That includes our city fleet,
that includes publicly available chargers for the community,
and that also involves chargers at multifamily housing.
So this plan is really going to assess where we're at currently
and then where we're going to need to go.
Again both on the charger side and the infrastructure side
because you can't just plug in chargers with no utility
connected to it.
The other major plan that we are committed to
through the sustainability action plan
is our leaf blower, our gas leaf blower ban, which in the SAP
we committed to implementing this within three years of adoption
of the SAP Sustainability Action Plan,
so we will be kicking that off in early 2025.
This will include a lot of community outreach,
a lot of research of our fellow communities
that have already banned gas leaf blowers,
and also expanding the use of electric leaf blowers
with our city, I don't wanna call it fleet
because it sounds like a car, but our city equipment as well,
which we are already using electric leaf blowers
in our downtown, but expanding that
throughout the rest of the city.
And then coming up also is really looking at opportunities
for reach codes in the building electrification space
because we will have a new building code in 2026.
So we'll be working with our community development department
and building division to really start thinking
about what do reach codes look like
for us in electrification going forward.
So I hope I answered your question in advance.
Yes, you may ask it again if you're so.
we had a heavy lift in the last two years
with the adoption of our sustainability action plan.
Is it on the docket in 2025 to give us an update
on where we are on those action steps?
We were just talking about this internally.
Every, we will be updating the council
on kind of a comprehensive update of where,
what have we accomplished, where are we at?
I think also doing a greenhouse gas emissions inventory
to see how our, our actions making progress
to reducing our greenhouse gas emissions.
Best practices to do that every five years.
We're coming up on a fifth year.
So we're also looking at that
and that would be coming to you as well.
Just a side note,
at the opening of the Family Justice Center,
Reza Nezimer, who used to be on our staff was there.
And she said she just found in her notes
or something that she was cleaning out at home,
all of the original notes from the original 2012
sustainability action, our climate action plan.
I guess if you want them, we can connect you, okay?
I'm impressed by her records retention process.
Mayor Pro Tem.
Thank you, thanks, Carla.
We've had a lot of issues with PG&E when it comes,
well, not just outages, of which, unfortunately,
I live in one of these prime areas
that love to have outages.
But we also have heard from businesses and nonprofits,
whoever it is, whoever opens up a front of any sort,
that it takes a while to get PG&E
to be able to electrify things.
So here we are with these chargers
and this is all part of our plan
and we've got RINA numbers
and we're building multifamily housing.
So what's our confidence level
that PG&E can meet what we need and approve?
And this is probably a question
that maybe none of us can even answer.
So I would ask if the next time
we have an update of priorities,
especially when it comes to sustainability,
if we can get an idea of the confidence PG&E has
of meeting the same goals
that we are being expected to meet ourselves.
Yeah, if I could just speak to that
just so you have a sense of what's been occurring,
certainly we can attempt to do that.
The timeliness of connections
and the ability to provide power is a big concern
throughout PG&E service area.
It's something that the city managers have discussed
amongst the various cities and have raised the issue.
Chambers of Commerce have highlighted these issues
as have other business advocacy groups.
So it is being identified,
there's attempts to obviously influence a better outcome,
but it is a notable concern, absolutely.
And I'll add on to that from the MCE perspective,
that is one of the legislative priorities this year
because it affects the grid,
both in hooking the customers up,
but also bringing the new supply in.
There are grid reliability issues at both ends.
One of the things that we have to look at very carefully
before we sign a new contract for power
is can they get it on the grid and can they get it to us?
So that's, it's something that's top of mind
for a number of different perspectives.
Well, considering the state has,
what the governor has signed and the state mandates,
you know, that's all fine and well,
but we have to be able to do it from the ground up too.
other sustainability questions?
Thanks.
Moving on.
Moving on to parks, facilities, and other infrastructure.
These are our three major Measure O infrastructure projects.
Measure O is funding a number of initiatives
and programs and services.
These three are our infrastructure projects.
It is not hyperbole to say that Heather Farm Park,
the Aquatic Center Community Center build
is the largest project the city has undertaken
or will be undertaking in the last 25 years.
So although there is one slide in this presentation
focused on these infrastructure projects,
don't let that fool you.
Staff is very focused on these three projects,
but our Heather Farm Aquatics and Community Center,
you all approved the design development package
in October, 2024.
So what comes next?
We will be putting together construction documents,
doing plan check, and getting ready to bid,
do a pre-qualification and bidding
through the spring and summer of 2025,
and getting ready to start construction in 2026,
which means we will be under construction
through 2026 and 2027 on this project.
As we will also be under construction
with the lights at Tice field or sorry,
the ball fields at Heather Farm Park as well.
So I think as a community impact
of these infrastructure projects
and if you're thinking about how the community
is going to experience this,
Heather Farm Park is going to be under construction
for the next two and a half years or more.
So I think this is a major component of your priorities
and this will continue past the next five years.
The Lysotice field, we're expecting to start
that construction in early 2025.
And as I mentioned at the ball fields,
you all approved the construction contract
just earlier this evening.
So we're hoping to complete that project in fall 2025
as our associate engineer, Mike Hawthorne, said to us.
Any questions on infrastructure?
Yes, you may ask your question.
That slide was so complete, I don't have a question.
Wow.
And let me just say, I don't have a question,
but I'm just like, oh my gosh, we're actually going to do it.
So yay.
We're going to be really busy.
You guys are going to be really busy.
We're going to be really busy.
Moving on.
your final priority is public safety and social wellness.
And there are five components to this priority
that include new and existing programs
related to public safety.
So I will go through again, the highlights through from June.
The A3 program is a program that Walnut Creek
was instrumental in advocating for
and instrumental in developing
anywhere in Contra Costa,
Anyone in Contra Costa can access timely
and appropriate behavioral health crisis,
Christ services anywhere in any time.
A3 has a dashboard that is available to the public.
These are just a few highlights from that dashboard.
You can see here that it calls for service county-wide
4,500 calls just in 2023.
And A3 screened 686 Walnut Creek calls since that time.
I think the largest data point on this slide
is the lower right quadrant here where we had,
Walnut Creek PD took in 331, 5150 involuntary
psychiatric hold calls for adults experiencing mental health.
So this is a 72 hour hold of someone
who's experiencing a mental health crisis.
They're taken by a police officer, a law enforcement officer.
So we had 331 calls in 2021.
Over the last two years, those have steadily declined
because of A3.
So instead of calling law enforcement
and having to get services in that way,
folks who are calling are getting services,
getting the right services,
and law enforcement is freed up to do other calls.
So I think this is a huge testament to the A3 program,
to Walnut Creek's advocacy and development of this program,
and you can see it in the numbers.
And because of the effectiveness of A3,
This slide you've seen a couple of times
used to have three bubbles
and included the regional crisis prevention team,
which included Walnut Creek, Pleasant Hill, and Martinez.
We have disbanded that team
because A3 has kind of taken its place.
However, our officers remain highly trained to de-escalate
and respond to calls that include persons
with mental health crises.
And also we are still instrumental in the core program
and of course our homeless outreach program,
our HOP team still operates within the city as well,
connecting folks who need mental health services to services
and also folks who are experiencing homelessness
to services as well.
Our police department remains proactive
in its responses to crime trends.
They implemented paragrain, a technology
that provides real-time analysis of crime trends
to help support staff
as they direct law enforcement resources.
We also deployed a traffic officer
to weekend downtown nightlife activity
with a focus on DUI enforcement,
just in case people were having too much fun.
And then in September,
the police chief provided a public safety update
to Council on crime trends and statistics.
One of those crime trends was organized retail theft,
and unfortunately, it is still an issue in our city,
but a main focus of our police department.
And one retail target is accounted for 60%
of retail theft.
However, they, our police department
has been encouraging businesses, including Target,
to report more, to call more.
So we can prevent theft, respond to theft
in a proactive manner.
And throughout the fall, our police department
and partner agencies conducted focused operations,
their words blitz, to arrest shoplifters
and address organized retail crime.
And these two operations resulted in 16 arrests.
Partnerships are very important to our police department
and they continue to host Coffee with a Cop,
most recently in the Palace Verdes Mall and in Rossmore.
They are also participating in crime and safety forums
in Rossmore and contributing monthly articles
to the Rossmore News about public safety tips
and answering residents' questions.
We're also focused on improving public safety
through improved traffic transit and pedestrian
and bike safety, and we're doing that
by incorporating traffic safety elements
into all the projects we do,
including the ones that we complete over the summer.
Some of those include bulb outs, striping,
improving sidewalks, reduced traveling widths, et cetera.
We did this through our Flurry Seal project,
crosswalk through Creekside Drive,
on Creekside Drive, and crosswalks in Shadelands.
And with that, I will pause for questions.
Public safety?
Mayor Pro Tem.
Thank you, that was terrific and I will say that from the residents I get more
questions about the topics that you raised here than anything else probably
combined. So what I'd like to do and thank you to, I see several of our
Walnut Creek PD here including the Chief, thank you for all that you're doing and
keeping people safe especially here in the holiday season. What I'd like to do
is give you the opportunity if you so choose to tell us about one of the
success stories when it comes to the organized retail theft. We hear about the
crimes, goes all over next door, social media, and we rarely hear about the
successes. And so what I'd like to do is if you feel comfortable and talk about
one of these successes, let's get it out there. Let's let the residents know that
you guys are really doing your job. Just one success? You can talk as long as you
want, Chief. Okay. I won't, I promise. I can say that because I'm not the mayor yet. Good evening.
Jamie Knox, Chief of Police. I think we've had a lot of success just in the
fact that we're arresting more people. So our retail arrests have gone up
significantly over this past year, and to Carla's point, we have been
encouraging our partners, our commercial partners, to call us more often. If you
remember a few years ago, there was almost an apathy when it came to shop
lifting. People just kind of shrugged their shoulders, thinking that nothing
nothing would happen anyway if they called or they didn't want to be featured on a news
broadcast of a police interaction with a shoplifter.
That sentiment has now changed and we're arresting a lot more people so I think we've had a lot
of successes.
Thank you.
Keep up the great work.
So Proposition 36 was overwhelmingly approved by the state voters in every county.
I mean, people were almost, I think the state legislature reports that they were stunned.
What do you see as the biggest impact that that could have going forward?
That's a great question.
So there's really four major components that the public would probably want to be aware
of.
The first one is prior to the passage of Prop 47, several years ago, if somebody committed
a petty theft and they had a prior conviction with at least one day served in jail, we could
take them to jail and charge them with a felony.
That went away, so ultimately what we've seen over the past several years is people who
are repeat offenders, and if they're stealing merchandise and that merchandise does not
amount to more than $950, then we have to issue them a citation.
We can't physically take them into custody and book them unless there's other mitigating
factors.
So under the new law if they have, if they commit a petty theft and it's under that dollar
amount and they have two prior convictions for a theft crime or related offense then
we can now book them.
The other change is if they're working in concert with three people or more to commit
an organized retail theft then they can be charged with a stricter felony.
There's another clause that brings back drug court.
Now, if somebody is arrested for a substance abuse problem and they go before a judge,
they can be, I'll use the word prescribed, a drug treatment by the judge, and then if
they successfully complete that program, their conviction goes away.
So I think that, I know that they gave a lot of the public some concern that we're creating
a different pathway back into the justice system and undoing completely what was done
with Prop 47 and AB 109 but I think this is a good alternative and lastly now
it's up to the courts to admonish people who are drug dealers that if they
continue that behavior and they were to provide narcotics to somebody who
overdosed and then subsequently died they could be charged with murder and
that law goes into effect at midnight tonight. Tonight? Tonight. Okay everybody
you're on warning. So Santa's watching, be good. Is there something in Prop 36
also related to retail theft across county lines and how there was some
barrier before? There was a whole slew of laws that were passed, I believe that
was one of them, yes, stricter penalties if there's... And somehow the DA's can
collaborate and... Correct, yeah, usually, so we deal with, we're no stranger to
regional crime just because Walnut Creek is such a destination place. So we deal
all the time with crime sprees and we're and we leave it up to the DA's to
work that out but the passage of this new law makes it a little bit easier.
Thank you. So councilmember Silva asked my questions about Prop 36 and these
more detailed ones you can take them chief or if you want to phone a friend
and have one of the captains come up it but basically first interested in the
regional crisis intervention training. I know that that regional kind of collaborative group has
gone away, but maybe you can speak to the training the officers go under for dealing when an officer
needs to be at the scene of someone suffering a mental health crisis, kind of what training
our police department is offering. Sure, maybe I will phone a friend and give one of the captains
an opportunity or we actually have one of our mental health certified sergeants here tonight.
He's pointing at you, Lieutenant.
I'll have Lieutenant Slater come down.
I'll bail the captains out, they owe me one.
Good evening, Madam Mayor and members of council again.
Lieutenant Slater here to answer your questions.
I happen to also be an instructor
at the Law Enforcement Training Center,
and I do teach LD Learning Domain 37 at the Police Academy,
which is police response to mental illness
and people with disabilities.
So I take that training and structure
and remind our staff, who I've taught many of them
when they were in the academy,
of daily interactions with people that are in need.
We were talking about Sergeant Davis,
who's in the back of the room,
because he's also the other instructor.
So I'm very proud that I know that Walnut Creek
is the hub of this type of instructor collaboration
in terms of teaching our staff, not just in our city,
but across the county from the foundation
So when they start their law enforcement career, all of our staff attends additional training
annually in about an eight hour block on crisis intervention training.
And then our field training officers even get more, which is about 32 to 40 hours of
additional training to make sure that when they are doing hands-on training with their
patrol staff, they are able to identify someone that's in a crisis and then how to best resolve
that situation.
I appreciate it.
Is it fair to say then kind of at any given time 24 seven, we have officers on staff that
are trained and equipped to dealing with someone suffering a mental health crisis?
That is absolutely correct.
In addition to our regular staff, we do have several members of our department that are
considered crisis negotiators.
They are assigned to our SWAT team and they are trained with even additional training
with let's say members of the FBI.
And they are taught again how to deal with people in crisis
and how to address those person's needs
and try to get them additional resources.
Over the years we have had additional training
for other officers that are assigned to specific positions
that are dealing more likely with people
and having types of issues or special needs.
That would be our in-house community
with our members of HOP, our Homeless Outreach Program,
and they also receive additional training
just like our field training officers.
Great responses.
Thank you very much, Lieutenant Slater.
Thank you for the leadership role that you've taken
with training other officers.
We all are benefiting from that.
Thank you.
My only other question had to do with another frequent topic
at the farmer's market booth, which is on traffic safety
and sort of the traffic safety plans,
pedestrian and bicycle safety,
speeding and unsafe driving maneuvers.
What's our enforcement efforts out there now
and is there any room for improvement?
Great questions, and for the record,
Lieutenant Slater is the traffic commander, but,
I thought for sure I was gonna get one of the captain.
I will take this one because it is a hot topic.
Now we are slowly growing our ranks back up
to where they need to be and as if you remember,
this council funded five additional police officer positions.
We're still having right around 80,
give or take, it seems to change depending on the day.
But we're also committed to growing our traffic program
and our traffic unit.
So we are losing one member due to a retirement.
So we will be recruiting for a couple of new
traffic officers over the next couple of months.
But right now we're still taking a very responsive approach
where we're very complaint driven.
So as complaints come in either through your council
or other city staff, or they come across my desk,
we track all of the complaints and we triage everything.
I know we've had some significant accidents
that somebody had mentioned earlier on Ignacio Valley Road.
I know that's a major concern.
So we're gonna try to get some extra enforcement out there,
especially through the holidays.
But you will continue to see high visibility enforcement.
You also may be aware that we secured a grant
through the Office of Traffic Safety for $50,000
for enforcement, everything from distracted driving
to DUI enforcement.
That's great, thank you very much, Chief.
You're welcome. Appreciate all your hard work.
So my questions, I think Matt already got that one.
On the pedestrian safety, e-bikes and electric scooters
and young adults, what are you guys doing there
to help them grow up and wear helmets?
I'm gonna turn this one over to Lieutenant Slater
because that is very nuanced and we have like flowcharts
and cheat sheets because the laws are kind of
across the board depending on what type of device you're on
and how old you are.
Hello again.
The simplest answer I can tell you is that our traffic team
is currently educating themselves to make sure
they're not missing out on any of the laws
because they keep changing.
And we're going to be messaging out to our officers
so our regular patrol staff can deal with these issues.
One of our newest traffic officers, Ryan Pastor,
actually just addressed this on a Zoom web call training
for the students at Foothill Intermediate.
That way they were able to be educated like,
say you want to ride a new bicycle, we all get it in the holidays, maybe it's on your
Christmas list, but when you use an e-bicycle, it's very easy to be riding way faster than
you would if you were pedaling it. And parents want to go and get their kid their most favorite,
bestest item out there, right, for the holidays? Well, there are bikes out there that if parents
aren't aware of what they're buying, they could actually be buying an electronic motorcycle
And you cannot get on one if you do not have a license and a helmet.
And a lot of people are not aware of that.
So you can rest assured that our traffic team will be doing education to not only our schools,
but on our social media to give people some type of cheat sheets so they can be aware of what to look for.
I wouldn't be surprised if that's up sooner than later for the holidays.
That would be a good thing because I've seen some people that's like, that is not a bicycle.
That is a motorcycle and you are way too young for that.
Correct.
All right. Thank you.
Actually, Oh, go ahead.
No, it's just on that note,
is there a requirement for people
that are riding e-bikes to wear a helmet?
So it depends on what class it is.
And I don't wanna give bad information
because I don't have the notes in front of me,
but that will be on our social media page shortly
that will explain what is a class one,
a class two, a class three,
and what the requirements are.
Thanks.
Thank you.
On that topic too, what are the speed limits on these?
I mean, how fast are you allowed to go
on these electric bikes before it becomes?
It's an excellent question.
And that does vary by the manufacturer
and then what classification it is.
You can rest assured that most electronic bicycles
range in the 20 mile per hour range.
But if they are modified or they buy the souped up ones,
I forget what it's called, they can range
to basically freeway speeds.
And that's what makes it so concerning.
Most of the ones that you out there
that you see kids buy are gonna be in the 20s.
And if you are in that range,
you should be wearing a helmet regardless of your age,
just because it's safety out there
being out there with traffic.
Obviously, if you're under age, if you're 18,
you have to wear a helmet regardless
of whatever type of device that you're on.
And is it illegal to travel
over a certain speed on these bikes?
Or is that just governed by the speed limits of the streets?
At this time, it's currently going
with whatever speed limit is posted on the street,
but there are places where you cannot operate
these motorized vehicles regardless because of the status.
As I was mentioning, the one that's called
an electronic motorcycle that is very easy to misread.
And if someone is on it, they're not even supposed
to have that on the road unless they have
the proper requirements.
And because it's a vehicle,
it's not even supposed to be on our trails.
It's gonna be a lengthy education.
I sense some education in our future.
Yes.
And you can't go on sidewalks and go 30 miles an hour.
Please, tell me that.
That is 100% correct.
No wonder our pedestrians are worried about their safety.
We've been seeing these
with not only the electronic bicycles,
but as you know, we've been seeing those with scooters.
Bottom line of scooters shouldn't be on the roadway.
They're great for pathways downtown and on trails,
but definitely not supposed to be on our roads.
Thank you.
Now we'll switch over to homelessness.
I make an eye contact with Jamie but he's looking at you.
I know that some of the adjacent larger cities around us
have changed their encampment policies
and that has created some challenges,
particularly at Trinity Center and other places
that are servicing the homeless.
How do you anticipate that playing out this year?
Well, right now we're not changing any of our policies.
We're still approaching the unhoused population
as we have in the past.
We are continuing to monitor our populations.
I mean, without a point in time count,
we don't really know definitively how many folks are here,
especially overnight.
It's just more anecdotal.
But I would like to announce that next week,
for the first time in a couple of years,
just because we've had somebody who's been out
on a long-term leave,
we are filling our second homeless outreach officer position.
So it'll be a two-person team now.
They're much more effective because they can work together.
they don't require backup, and hopefully they'll be twice
as efficient at connecting people with services
and just keeping tabs on everybody
to make sure we keep everybody safe.
But right now we have no plans
of changing how we do business.
Okay, and then as far as operations
at places like Trinity Center,
I know tonight we approved the winter shelter
over at the Armory.
Are you guys changing the level of service
you're providing in those homeless services?
Not necessarily, but we have a very good relationship
with the staff at the Trinity Center
and they know they can pick up the phone any time.
They have many of our direct lines and email addresses
and we'll come running if they ask for help.
Okay, thank you.
You're very welcome.
I may just add to that a bit.
In addition to the work that our PD has been doing,
we are having discussions, the chief and I,
with nearby cities and more specifically
with Concord, Pleasant Hill and Martinez,
Coordinating regionally and also discussing with the broader city managers group as well as the county with
Obviously the grants past decision that occurred this summer at the US Supreme Court as you noted some of the larger cities in the region
Displacing encampments that have been more prevalent and what that means and the goal is
Not to just move unhoused individuals around but to coordinate to try to get folks services
so they get off the street and can get some help.
And so that's the goal,
and that's what we are attempting to do
so that folks are not just moving from spot to spot.
So thank you for that explanation
because that's what I was hearing
at our state board meeting
that Eureka was talking about Oakland busing,
giving people homeless bus tickets
and sending them to the beaches in Eureka
and other cities are noticing.
it's not just floating sub regionally.
And are we experiencing any of that
and is it becoming a problem in the evenings?
Well, a few months ago, I think we did see
just more anecdotally a little bit of an influx
of our unhoused population, but that has shifted again.
So it changes by day.
I haven't been made aware of any influx recently,
but it's something we can keep an eye on.
Thank you for all you guys do.
and we'll turn it back over to, thank you.
Moving from your priorities to major work
that the staff has been undertaking
that are not necessarily priorities for you,
but things that are taking up a lot of time
and are very important and very impactful
for the city and the community.
One of those things is the housing element implementation.
Our housing element was certified last October,
actually October, 2023.
And since then, we have been implementing
the numerous policies and programs
that are within that housing element.
You have seen our senior planner staff here
doing a lot of different land use changes,
programmatic changes that are all related
to the housing element that is not necessarily captured here
but is something that you all are experiencing
at your council meetings.
Good news, the city did receive a pro-housing designation
from the state, which opens us up for funding incentives
and additional resources to speed up housing production.
We held a housing developer forum in October,
which was the first that we've done.
And really what that did was promoted
our housing opportunity sites and promoted best practices
to support the construction of affordable housing.
That's something that you'll see coming in 2025 is how our housing element connects
with the Metropolitan Transportation Commission's transit-oriented communities policy and whether
it's connected or we need to connect it, we need to change our policies to connect it
so that we are eligible for funding and we are in compliance with that policy.
The becoming general plan ready was something that the council directed staff to do back
back in February, 2023, when you set your priorities.
Our general plan was adopted in April, or in April 2006.
So it's in need of an update, which you all told us,
and you said it's time to get ready to do that,
spend the next two years getting ready for it.
A general plan update is one of the largest undertakings
of a city.
We analyze what it would take for us to do this.
It's estimated to take about four years to complete,
and estimated to cost over $3 million.
And that $3 million number does not include
city attorney fees and staff time.
So that's consultant fees, that's outreach.
This is a huge undertaking and something that becomes
the footprint of the city,
the blueprint for the city for years to come.
So staff has been doing that work.
We've researched and lots of resources gathered
and analyzed baseline data that's needed for this project.
And I would say we're general plan ready,
knowing that it is going to be a large undertaking
for our city staff, especially in community development,
but also throughout our organization.
Happy to take questions.
Questions on this part?
I think we're all good.
Thank you very much.
And thank you for responding as we go along.
I think we'll go ahead and open it up to public comment now.
No public comment?
Oh, come on up, Jim.
You were looking like you were ready to go.
Good info tonight, thanks.
Jan Warren, the Woodlands, 39 years in county.
I just wanted to highlight the sustainability plan
and highlight, you got a lot of BOCMED meetings
and keeping up with them and working with them closely.
And so the Regulation 9, Rule 6 in nitrogen oxides
that are gonna require we switch to heat pumps
for our water heaters.
There's been a lot of good movement.
A lot more manufacturers have come on board,
more plumbers are trained.
And so the board has decided to continue
that their target that come January 1, 2027,
if your unit goes out or then you know,
you need to do something different.
And my concern both at listening to those
at the meeting from the dais
and from the people who attended
the couple of meetings on this
is that we really need to begin to start educating.
The board, the BOC candidate originally thought,
oh, well, six months.
Then everybody's saying, no, no, no.
You need to get started now on educating people.
And I went out and looked at all of this on our website
and so forth and it would be helpful to get resources from BACMED, our supervisor is on
the Air Board, Ken Carlson. There's a lot out there and it's changing rapidly. It's
very difficult to stay, you know, stay up with. But people need to know there's not
only loaners but they need like a button you go to and says, here's, you know, all I saw
out there was MCE stuff. There's a lot of other stuff. There's state, there's federal, there's,
and so I would appreciate what's moving on education. Thanks. Thank you, Jen. Any other
public comments? Bring it back to council for any closing comments. Councilmember Silva,
are you analyzing this all? So I'm going to start by thanking staff for all of the work
that has occurred on these five priorities over the last almost two years and I also want to
acknowledge and recognize that the work is not done and like so many goals that you establish
in year one they you can't finish everything in two years and so I will look forward to our
discussion on February 11th on what we still want to stay focused on and what are we going to take
pick up the ball on the general plan, which is a huge undertaking.
I think a few of us might have been involved 20 years ago.
And it's a misnomer to call a general plan that's 20 years old an update,
because that implies or you would imply that it's just a few red-lined marks.
And, you know, everything is interrelated and you have to do a lot of careful analysis
as you look at changing our focus.
So I look forward to the conversation on February 11th.
Thank you Councilmember Francois. Thank you Carla for
an amazing report. Thank you to all the staff that has
helped implement these important policies that the council identified
just ticking through each of them and some observations or thoughts on
diversity. I am interested in whatever plan
is being developed that it does include a council component
for additional training resources that were not left out of that and the
the commissioners too, I think that's important.
And I applaud the work.
I appreciate how diverse you're being about diversity
in terms of the sensory inclusion that the council's do
or the city's doing out at Shadelands
and did with some recent events.
On economic development, I agree with the city manager.
I think there's still work to be done.
We've made great progress.
You know, it seems that in terms of streamlining
permitting process. We've made some advances. I think there's still more work to do. The state is
helping us, I think, to some extent by putting a shot clock on building permits for residential
projects and maybe we can challenge ourselves to not only meet that but meet them for non-residential
projects too. I think that would help advance our status as a business-friendly city.
There's the flexibility in zoning and I know that'll probably that's tied to the general plan
but there are things probably we could be doing now or in the short term before the general plan
is revised not just updated amended and restated that specifically I think with respect to kind of
our office you know we want to be cautious and prudent about that but we have a lot of vacant
office space still, and I think we're at the point now where we could probably do, start
doing some fortune telling in terms of where that's going. It's probably not more class
A office space, but maybe repurposed office space, not as residential, but other business
serving uses. Another area we haven't, we got an update on our consent calendar with
impact fees but being cognizant of the fees that we adopt
and charge making sure that we're competitive
with the other cities in our region in the larger Bay Area that we're not
you know unwittingly putting so many fees on top of a new housing unit that
we're making the housing unit unaffordable
and that we're kind of that there's a logic to
and a real nexus between the impacts of a development and the fees we're
charging. In terms of being, you know, general plan ready we'll have that
discussion, or general plan update, we'll have that discussion in February. On
public safety I appreciated the Chiefs update in terms of, and the focus of the
entire department on retail theft and traffic safety and some of the kind of
the innovative programs, the Peregrine program, the ABLE program that the
department is implementing and being the best department in the county and I
think that that those programs go along with that and then just finally on
infrastructure obviously we've made a great we're moving forward at a great
speed with some fun exciting projects in terms of turf fields at Heather farm and
lights at Tice and obviously the pool and the community center one thing that
And I just want to put on the, that we, I think we should all be thinking about is the
future park planning for Heather Farm because we will at some point have a pool complex
that won't be a pool complex anymore and could be reprogrammed for other interesting recreational
endeavors.
So a closing thank you to staff, this is great policy work and appreciate all the hard work
and look forward to our discussion in February.
Thank you.
Council Member Tiffany?
Yeah, thank you Carla for that presentation.
Thank you to staff and thank you for the update from the police department on those those
activities and our progress there, so I appreciate that report.
I've actually been enjoyed reading our current plan, believe it or not, and going over it
chapter by chapter with our City Manager, but shy, and it's been interesting to me
to read about the progress that we've made at least in the last quarter where we stand
with things. I am also as councilmember Silva said I'm looking forward to the February
meeting and our future planning priorities. And I think it's important as councilmember
Wilkes said it's not that if we have new priorities that the old ones aren't important anymore
it's just we may have you know subtle ways that we want to start opening some
new directions so but thank you for the the report.
Mayor Pro Tem. Thank You Carlin thank you to everybody that's been involved in
this. The priorities are important to us the city because they're important to
our residents and when I'm out there and speaking at different gatherings whether
it's a few people one-on-one at farmers market or larger something in these
areas always comes up and whether it's something that is speeding in a
neighborhood I mean it's coming up under safety and public safety so the the time
that staff puts in this is really critical because this touched on so many
different areas that everybody is interested in and it's great to have the
updates and and I appreciate the work that's been done by everybody for the
last two years and yeah we'll see how the next two years go yeah thank you and
I'd echo my fellow council members.
Thanks for all the work that you guys have done.
I know giving you five priorities was a bit much
and you guys have risen to the task
and really taken them and broke them into the pieces
and looked at how you can move them forward.
And I appreciate the work that you've done
all while you're also doing a housing element
and normal day-to-day business.
I'm looking forward to the discussion in February.
I will be looking at how these individual pieces work
both as themselves, but as part of the bigger whole,
how they work in the face of some of the uncertainty
that we're facing both socially through the changes
in homelessness and crime and also with climate change
and the changes from a sustainability perspective,
changes in the technology that's available.
So there's a lot of work still to be done.
I'm looking forward to the February,
but you guys have given us a really good solid baseline
of where we are and what we've gotten done.
And like Mayor Pro Tem Wilks says,
you never get everything done in two years,
but you guys have done a tremendous amount of work.
And so we really appreciate it.
So thank you.
We will take it under advisement,
and now we will take a break for the next item
to give everybody time to do five minutes.
We'll be back here at eight.
I apologize.
Okay, we will call this meeting back to order
and we'll start the public hearing portion,
ex parte contact disclosure.
Anybody have any ex parte contacts on any of these items?
None.
Council member Dafini, have you talked to anybody
about the adenote or?
No.
Okay, me neither, so we're good to go.
Okay, take it away.
All right, hello and good evening.
Mayor Darlene, Mayor Pro Tem Wilk,
members of the council, public and staff.
My name is Aaron Sage, I'm a principal planner
the community development department. I'll be presenting this item tonight. You heard
the deputy city manager refer to our housing element implementation, and we've been before
you recently on several occasions to make various updates to state laws regarding housing
laws. Tonight we're making some updates to state laws regarding a different type of use
family daycare homes, which I'll define shortly. So a few slides on background. As we all know,
has an ongoing statewide shortage of daycare facilities.
And one of the key ways that the state legislature
has sought to address that shortage
is by limiting the types of restrictions
that local governments can place on daycare facilities
that are operated out of a private home.
So state law defines a quote, family daycare home
as a facility that regularly provides care protection
supervision for 14 or fewer children
in the provider's own home for periods
less than 24 hours per day.
These, I want to note, are state-licensed facilities.
There are two key types of family daycare homes.
Small family daycare homes are defined
as serving eight or fewer children.
And our city code, for a number of years,
has allowed those homes by right,
which means that there's no special approvals
or permits required.
They can simply start operating that use
as long as they, again, obtain a state license.
The other category is large family daycare homes,
and these are defined as serving from seven to 14 children.
And our city code currently states
that a large family daycare home permit
is required for these large homes.
However, that requirement is not being enforced
due to state law, which was adopted in 2019
and took effect in 2020.
Now that law has some key components
that we are addressing with the updates tonight.
The first is that no family daycare homes,
large or small, can require any discretionary approvals.
They must all be allowed by right.
No business license fees or taxes
may be imposed on this use.
And finally, the city cannot impose any restrictions
on small or large homes that are not also applied
to other residential uses within the same zone.
I want to just stress that the city has complied
with these requirements since they took effect in state law
in 2020.
So really, what we're doing is updating our code,
but we're not changing our practice.
We're matching our code to our current practice.
So next, I'll just summarize the code amendments
and the ordinance.
And this is not an exhaustive list before you,
but these are the key ones.
First, we're removing the requirement
for the large family daycare home permit,
which as I mentioned must be allowed by right.
We are listing large family daycare homes
as a by right use, and that's being listed
in all districts where we allow dwelling units,
and that's all districts except the business park
and the community facilities district.
We're updating the use classifications
for small and large homes to be consistent with state law,
specifically on the number of children,
which has changed slightly in recent years.
We are amending our business license code
to exempt family daycare homes from the requirement
for business license, specifically
by amending the definition of home-based businesses
to include that use.
And another item that's not on the slide,
but I do want to mention, is that we're
amending the parking regulations so
that there's no additional parking required
for large family daycare homes other than the standard number
spaces that would apply to any single family home.
And again, the why behind these amendments is at the policy level from the state legislature,
it's really intended to increase the availability of daycare homes within our community.
So staff's recommendation is to waive the reading and introduce the proposed ordinance
to amend the Walnut Creek Municipal Code to update provisions for family daycare homes
to conform to state law,
and that recommendation includes changes
in the errata sheet that was provided
in your packet this evening.
Those changes are basically to just fixed
an inconsistency within the ordinance,
so that the summary table that shows all the uses,
or all the districts, includes OSR and HOPD,
which were already in the ordinance,
but not in the summary table.
And with that, I'm happy to take any questions.
Thank you very much. Questions? Councilmember Silva?
Thank you very much, Erin. I appreciate the thoroughness of this and I know how hard it
is to keep up with all of these state law changes. I think sometimes the changes occur
before the ink is even dry on something else that they've just done. A couple of questions.
You mentioned in your presentation tonight that this state perspective is applicable
to state licensed daycare facilities or home based.
What is meant by state licensed and therefore are there some others
that might not have state licenses that these would not be applicable to?
My point in mentioning the state licensing was just
that although we are being required to reduce, you know,
the number of regulations on these family daycare homes,
Those homes already and still will continue to require a state license.
So no matter what's the number of children that they are supervising?
That is, yes, if they go from zero to, or one to 14 children, yes.
And by home we don't mean a single family house.
This is also applicable if someone is caring for children in a town home or a condo or an apartment?
that's correct and this the the recent state law specifically adds that language and i sent
one question in related to the business park versus housing that might be approved already
or in the future in the business park and i picked the wrong um housing project which i picked via
montae which is not an apartment it is a um licensed facility for the adult care essentially
residential care. At one point we approved a an apartment
project for the Shadelands. It has not been built but we did the approval
process and it wasn't a independent living or
senior services. It was it was completely independent living portion.
Would that portion of it then be eligible?
Would residents have the ability to have home daycare
in that even though it's in the business it's a planned development in the business park i think
i mean i'm not sure what we did i can't remember yeah if if it is classified as a residential use
then it would be subject to these restrictions in state law and my last question is why did we
maintain the small versus large and i can't figure out if i have eight children if i'm small because
I'm in the eight to eight or fewer category or large because I'm in the seven to 14 category.
What do you do about the what's the reason for the over what's missing that is in one versus
the other definition? Yeah I'm going to ask the assistant city attorney to address that overlap
issue and the numbering. Sometimes that's really confusing. Good evening my name is Kimya Mahalati
assistant city attorney for the city of Walnut Creek. In answer to your question so the code
that we are proposing to amend does reference the health and safety code sections that do define
a small versus a large family daycare home. And so the overlap comes in if it's one to six children
it's still small family daycare home subject to those underlying requirements. If the number of
children in the home are six to eight then there are additional requirements imposed by the state.
So it's things like, you know, at least one child needs to be enrolled in kindergarten or elementary school.
And a second child is at least six years old.
Like there's very specific requirements if they want to be still considered a small family daycare home.
But they have between six to eight children. And then the same goes for you can be considered a large family daycare home.
but if you're going to have seven, then you don't need to abide by those extra requirements,
but there's other requirements that the state applies.
And so, it's, yeah, it's a technicality.
I'm beginning to laugh because what is a classic example of is they adopt a state law
that is inconsistent with another state, set of state standards
than this being the health and safety code,
because now we have to, they could have made it consistent.
They certainly could have, yes.
Okay.
But yeah, we, our rationale on keeping that distinction
was to simply remain consistent with the state law,
and that six to eight versus, you know, 12 to 14
small versus large distinction isn't applicable
for the city's purposes, but we felt that it was just
important to keep that reference to the state law in order to remain consistent.
And those state elements, those elements of state law really reference another
like County Department that gets involved or something like that. Yeah, yeah.
No licensing. Yes, that is correct. Thank you for the clarification.
Thank you. Any other questions? All right, we'll open it up for public comment. If
anybody in the audience would like to address this issue anyone anyone seeing
nobody who will close the public hearing and bring it back to council moved away
free to get introduced a proposed ordinance amending the Walnut Creek
municipal code to update provisions for family daycare homes to conform to state
law including the changes on the errata sheet provided this evening second
Councilmember Francois? Aye. Councilmember Silva? Aye. Councilmember Davini? Aye. Mayor
Pro Tem Wilk? Aye. Mayor Darling? Aye. Motion carries. Thank you very much for your work
on making this consistent with state law. So now we will move to our next hearing
item, the Planning Commission, appeal of the Planning Commission decision to
revoke the ADUP for the Inoche. Hello again, I just couldn't stay away. So
again my name is Kimiya Mahalati, I am the Assistant City Attorney for the City
of Walnut Creek and I will be presenting the this item before you this evening. I
do have members of the staff with me so I've got Captain Ryan Hibbs, where did he
So there he is from the police department as well as Chip Griffin from planning, and so they will be available after the presentation to answer any questions.
The first thing I do want to mention before we get started and as soon as I find my place in my binder is that the city did receive correspondence from the appellant business owner, Jose Ruffridge, which has been included as part of the record. He will not be able to attend this evening.
And so with that, I will proceed with our presentation.
So, what brings us here this evening
is the appellant Jose Refridge owner
of Dia Inoche Restaurant has appealed
the Planning Commission's November 14th decision
to revoke the AUP for the location at 1411 Locust Street.
And so community development department's request is that
the council review the operation of Dia Inoche
for conformance with the conditions of approval in the AUP.
To take public testimony and make written findings
that Dia Inoche is operating in violation
of the conditions of approval of its AUP
and to adopt a resolution that denies the appeal
of the Planning Commission's action
and affirms the revocation of Dia Inoche's AUP,
which would require them to cease the sales service
and consumption of alcoholic beverages at this location.
And just to orient us with the site,
the Eating and Drinking establishment, Día Inoche,
is located at 1411 Locust Street in Walnut Creek
along the west side of Locust Street.
It's between a three-story mixed use building to the north
and a vacant corner lot to the south.
The establishment includes 2,565 square feet
of interior dining with a 661 square foot outdoor area.
The total occupancy is 161 persons
with 147 persons indoor and 14 outdoor.
DA Inoche currently operates under a type 47 license,
which is for on sale beer, wine and distilled spirits
as an eating place.
And it received that license from the state department
of alcoholic beverage control for onsite sales
and consumption of alcoholic beverages.
The hours of operation from 11 a.m. to 11 p.m. daily,
and the general plan designation would be pedestrian retail,
and it is zoned under pedestrian retail as well.
So a brief entitlement history of this location.
So prior to the operation of the restaurant Dia y Noche,
the business Redux lounge had been operating
from approximately 1988 to 2016.
In 2012, Redux Lounge operated under
a deemed approved status that was operating at this location.
And in 2016, the Planning Commission found Redux Lounge
to be operating as a public nuisance in violation
of the deemed approved performance standards.
And so the Planning Commission thereby revoked
the deemed approved status of Redux Lounge.
that immediately stopped the ability of the establishment to sell alcoholic
beverages at this location. So as a result, any operator of an
establishment at this address that wish to reestablish the ability to sell and
serve alcoholic beverages would need to apply for an administrative use permit
if alcoholic beverage service were to end on or before 11 p.m. There's also the
option of applying for a conditional use permit if service was to end after 11
PM as the fourth in the municipal code. And so in July of 2017 the city granted
an AUP to Urban Alley slash 310 eatery as it was called at the time to serve
alcoholic beverages to its patrons at 1411 Locust Street and this should say
1411 Locust Street not 1520 so I do apologize about that. So that AUP was
granted and has been included as part of the agenda packet as Attachment 3, which was the
Planning Commission agenda packet. The hours of operation set forth in that business plan were
various times that you see up here. I won't bore you by reading it out loud.
It's not clear exactly when Urban Alley ceased operations at this location, but we do know that
it was some point between July 2017 and January 2020 because in January 2020 Diya Inochi submitted
an application for an AUP. And so even though this location already had an AUP, there were
substantial changes being made to the mode or character of operation at this existing
alcoholic beverage establishment and our code requires that the establishment must first modify
any existing AUP if any of these substantial changes in mode or character of operation
are being requested. And so in this instance the application was submitted to amend the AUP for
the service sale and consumption of alcohol at this location because there was a proposed change
in the hours of operation from the hours listed previously, which had various closing times
ending at 9 p.m., 8 p.m., 1130 p.m., to Monday through Sunday, 11 a.m., to 11 p.m., full stop.
And there was also a proposal to include live entertainment from Thursdays through Saturdays
from 7 p.m. to 10 p.m. and so accordingly in March 2020 the city approved this
application under AUP number 20010 and so the granting of this AUP
superseded the prior AUP because the the current the subject AUP is still
inclusive of the prior hours of operation that were granted under the
previous AUP. And so this AUP number 20010 is the operative AUP and that's
AUP that is the subject of this hearing. And just to provide everyone with a
visual reference this is the floor plan that Dia Inoche submitted as as part of
their business application along with their proposed hours of operation and
hours for live entertainment. So November 14, 2024, about a month ago, the planning
Commission held a public hearing to assess the operations of Dia Inoche under
its AUP with the potential to modify or revoke the permit which would affect
the establishment's ability to sell and serve alcohol. Staff's original
recommendation was to revoke the AUP. Testimony was received from the owner
Jose Refridge on behalf of Dia Inoche. I do want to quickly specify that this is
the owner of the business and not the owner of the property. However, revoking
the AUP from this location would mean that any establishment that would come
after would have to reapply for an AUP. And so testimony was received from the
owner, Jose Ruffridge, on behalf of Dia Inoche. And I wanted to note that during
the hearing, the Planning Commission noted the owner's lack of
communications with the city staff to address the AUP violations that he had
been made aware of with the city sending of a first notice of violation letter and a second
of notice of violation letter and a notice for public hearing which I will get into in a little
bit more detail shortly. The Planning Commission also noted the closeness and proximity of the
violations and by that I mean how often they occurred and how close to each other that they
occurred. Sometimes it was violations noted every weekend, sometimes twice in
one weekend. So those things were noted by the Planning Commission and when asked
by the members of the Planning Commission about these deficiencies, Mr.
Refridge simply wasn't able to provide any direct responses to the questions. He
in fact repeatedly made statements that he wasn't even aware of the existence of
an AUP for this business's location despite the fact that his name was on
the application for the subject AUP and despite his acknowledgement of
receiving those two notice of violation letters that I mentioned previously that
do refer to the conditions of approval that were set forth in his AUP and those
notice letters also included copies of the AUP. No other public comments were
received and following the review of the planning commission unanimously adopted resolution
number 3973 which revoked the AUP and made it so that the business had to cease the sales
service and conception of alcohol at this site as the business was found to be operating
in violation of the conditions of approval.
And on November 26, within the 10 day appeal period, the business owner Jose Refridge did
file an appeal to challenge the Planning Commission's November 14th decision on the basis that he
believed the decision was unfair and that he had plans to make the business better and
more family-oriented and better for our community.
The letter does not or this appeal doesn't provide any additional information as to how
the business owner intends on doing so.
And so as we know, the granting of an AUP does not come without conditions.
And so for our purposes tonight, we'll be reviewing the conditions of approval anytime
an appeal is made of a planning commission decision with regards to an entitlement.
The hearing is conducted de novo, and so we do have to make these findings again.
And so this subject AUP consists of a total of 21 conditions.
We will not be going through all of them.
We will only be going through the two that are relevant here.
The first one is condition number three, which states that no alcohol shall be sold, served
or consumed on the premises after 11 p.m. daily.
And the second one that is of concern for us tonight is condition number seven, which
states that the proposed use shall not create objectionable conditions that constitute a
nuisance.
So now diving into the data.
Since December of 2023, there have been 59 total calls for service at Dia Inoche that
have required some response or attention by the police department, and that is listed
in the calls for service chart that was originally included as Attachment 5 in the Planning Commission
staff report, which I believe is Attachment 3 in tonight's agenda.
Of these 59 events, a total of 23 violations of the AUP's conditions of approval have occurred.
This data is gathered from 16 police reports that were generated by PD's responses.
Some of these incidents consist of more than one type of AUP violation that may have occurred
during one incident.
For example, there might have been an instance of excessive noise, which would be one violation,
and alcohol consumption after 11 p.m., which would be another AUP violation.
To break it down, these 23 violations consist of 14 alcohol-related violations, that is,
PD observed Dia Inoche to be serving, selling, or allowing the consumption of alcohol past
11 p.m., 14 different times.
There are five excessive noise violations.
Four public intoxication violations were noted.
Of these observed public intoxication violations, there were three instances in which the owner
himself. Jose Refridge displayed signs of alcohol intoxication and there was
actually one instance in which he was arrested for public intoxication on
September 6th of this year. Also of the 14 alcohol related violations,
there were three instances in which alcohol was served past 2 a.m. which is
is also in violation of California State Law.
And so there were also several instances in which PD
either had to directly respond either multiple times
in one night, or as I stated, observed multiple violations
at different points through the night.
All this to say that scaling back their hours in the AUP
for alcohol service, sale or consumption
simply wouldn't work because there are a number
past California closing times.
There are a majority of them are past 11 p.m. violations
and it simply shows a pattern of bad management
and bad business practices.
There are also a number of other violations
not having to do with alcohol being served past 11 p.m.
There are enough instances of operating
in violation of condition number seven
to indicate that this is not just an hours of operations
issue but also a public health and safety issue.
And so another thing that was of great concern to staff
and the Planning Commission was the fact that
out of the 23 total AUP violations,
seven were recorded before the first
Notice of Violation letter was issued on,
I believe that was June 26, 2024.
After the issuance of the Notice of Violation letter,
the first one, which gave the owner notice
that they had been observed to be operating
in violation of their conditions of approval,
that number rose to 16.
So PD was responding to and documenting AUP violations
at Dia Inoche pretty much every weekend after that,
sometimes twice in one weekend.
And so again, this quite straightforwardly shows
a pattern of bad management and bad business practices.
DA Inoche had almost five months after it was put on notice to change their business
practices and correct any errors, but instead there was a significantly higher number of
violations documented after the first notice of violation letter was issued.
That's almost 70 percent of the total number of documented AUP violations.
Here are some graphic representations of PD's responses to DA Inoche in comparison to other
similar establishments based off of that same range of data that is from December 2023 to
the present. And so the number here is reflected off of the number of police reports that were
generated. So is 16 you'll see Fuego is three, Mr. Lucky's is zero, Elia is three, Dan's has zero,
modern China has two, so it's a total of 24 generated reports and D'Enotché by far
carries the vast majority of them. So to summarize the timeline of communications that the city has
had with the business and the events that have taken place during that time, so as I said the
first notice of violation letter notifying them that they've been operating in violation of their
AUP conditions was issued on June 26. After that, as I said, PD documented 16 additional
AUP violations. On October 30, the second notice of violation letter was issued and
this also provided a notice of a public hearing before the Planning Commission to consider
modification or revocation of their AUP.
After the second notice of violation letter was issued, Jose Refridge contacted city staff
a couple of times to ask questions about the upcoming Planning Commission proceedings.
He also complained that he felt his September 6 arrest was unjustified.
It should be noted that prior to the November 14th Planning Commission hearing, staff didn't
receive any communications from Mr. Refridge that would show any indication
that he meant to address the AUP violations or anything that would
indicate he wanted to maintain compliance with the conditions set forth
in the AUP moving forward. So after the Planning Commission hearing, which as we
know the Planning Commission voted unanimously to revoke the AUP, the owner
Jose Refridge submitted the timely appeal and since then he has once again
Again, only had limited communications with staff
that have merely related to factual questions
about the appeal process.
He has not relayed any productive communications
or proposed actions to address these violations.
I do also want to mention that city staff
did also receive communications from the owner
of the properties council, Mr. Bob Sinclair,
an attorney who was, who was maintained by the owner of the property and he
reached out to inform us that Jose Ruffridge on October 30th, which
coincidentally happened to be the same day that the city issued the notice of
violation, the second notice of violation letter, that he had been
evicted from the business and so because of a non-payment of rent and so on that
day they had received an order from the County of Contra Costa in order to evict the premises
with the County Sheriff's Office.
And so the lawyer also submitted a letter to the council, which is included in your
agenda packet this evening, to inform the council of that action.
They did not, they said that they would not likely be showing up this evening and I do
not see them here this evening, so I think unless they are, no, okay, so, but that's
it.
As far as communications with the business owner goes, no productive communications to
address these violations.
So the city's code requires that whenever an entity wants to make a finding of modifying
or revoking the permit or entitlement, be it the Planning Commission or in this instance,
the city council, there are two, one or, there's a set of findings that the body may make and
for our purposes, the two up here are relevant tonight and that would be one, a finding that
the use or user is in violation of the conditions of approval of the permit including but not
limited to the Municipal Code. The, and then the second finding would be the use is being
conducted contrary to the public health, safety, and welfare.
And so, we're calling the data from the previous slides that document the AUP violations.
That data was used as evidence to support the findings listed here.
And so, for the first finding of the user being in violation of a condition of approval
of the entitlement or other laws or regulations, condition of approval number three and number
seven of the AUP are relevant here.
specifically condition number three, the number of documented AUP violations, and the also
number of the violations of California state law are relevant here, as well as the excessive
noise complaints of public intoxication violations.
Those are all relative for making this first finding.
And for the second finding, many of these violations have occurred, as I noted, within
short span of time and in close proximity with each other. And despite the city's many attempts to
communicate with the business owner to correct these violations, the city simply hasn't seen
any actions or changes in mode of operation or conduct to indicate that the business owner is
interested in maintaining compliance with their AUP. And so given the repeated
responses to the business by PED, the fact that 16 additional AUP violations
occurred subsequent to the City's issuance of the first notice of
violation letter, Mr. Refridge's lack of productive communications with staff to
attempt to maintain compliance with the AUP, the business has simply shown that
that it's unable to abide by the conditions set by the AUP.
These violations exhibit safety issues for patrons and the general public, as well as
the welfare of the surrounding area.
And thus, both the nature of Dia Inoche's AUP violations and the closeness of proximity
of the violations indicate that the use and operation of Dia Inoche is being conducted
in a manner that is contrary to the public health, peace, safety, and welfare of the
residing and traveling in the area. And so again, as a reminder, the Planning Commission's findings
were that DIA Inoche is operating in violation of the AUP's conditions of approval and that
DIA Inoche is operating contrary to the public health, safety, and welfare. And so staff's
recommendation this evening is to adopt a resolution denying the appeal of the Planning
commission's decision to revoke the AUP for DAE Noce and thereby upholding the the revocation
of the AUP. So this action would cease the sale of alcoholic beverages at this address until another
AUP or CUP for the sale service and alcoholic beverages would be granted and it would have to
be an application by whichever business establishment takes over at this location not just for the
the business owner, Jose Refridge of Dia Inoche.
And the effective date of this decision
would be immediately following the city council's decision.
There would be no further opportunity
for an appeal within the city's process.
And so with that, I will open up the floor
to questions or comments.
And I've also got Chip Griffin over here
and Captain Hibbs back there,
who will, I'm sure, run to the podium.
Thank you guys for a very thorough report.
I will turn to council member Francois
to start the questions.
Well, thank you, Kimmy, and welcome.
Great report.
A lot of it followed everything.
It was very clear and well laid out,
so thank you for your diligence in putting that together.
You know, in items like this,
where it's before us because it's an appeal
from a Planning Commission action,
and so I always like to look at the appeal form
any correspondence that was put forth in the form that says here's how the planning commission
got it wrong and you need to reverse them.
The only thing I see on the form here is what is you reported and what's in the staff report
that it wasn't fair without any elaboration.
Is it true that we did not receive any other correspondence explaining the basis for the
appeal or how it wasn't how it was unfair and what is being sought from the
council that that is correct that is the extent of the reasoning behind the
appeal okay and then you know they're I'm concerned by a lot of things with
this including the multiple violations and the increase in violations after the
first notice of violation which seems like it should have been taken very
seriously. I'm also concerned that that multiple violations were not just of our
conditions but of state law for serving alcohol after 2 a.m. Do those, and maybe
it's a question for the police department, but do those get reported to
ABC and the state somehow in terms of this operator and that they violated
state law and and the requirements for serving after 2 am. It's a good question I will turn it
over to Captain Hibbs. Good evening Mayor Darling, Mayor Pro Tem Wilk, Council staff,
Ryan Hibbs, Operations Captain Police Department. To answer your question Councilman Francois that
is correct. We've worked with ABC closely. Every one of the violations that you've been made aware
of tonight has been reported to ABC and they have a they have an open
investigation that's helpful is that you know can you speak to I know we had a
downtown bar owners Association that meets with representatives of Walnut
Creek downtown and with the police department to kind of stave off any
issues or problems that could arise was this operator did they ever participate
in those meetings as far as you know?
Not as far as I'm aware, but, okay.
And I'm being told they attended one meeting.
Okay. Comparatively speaking, it seems like, you know,
obviously, 60 calls, almost 60 calls for service
in a one-year period seems like a lot for a comparable business,
you know, how many calls, comparable bar slash restaurant,
how many calls for service are you typically seeing?
Typically, for that type of period, we'll see between, let's say, 40 to 50 over the
course of a year.
Sometimes it's just all-encompassing in downtown, so it's not necessarily to a specific business.
These were mostly violations that were on-viewed by our officers who were already on foot downtown.
So it wasn't necessarily – the volume seems high, but maybe not completely out of whack,
but what was different, and I think Kimme pointed this out with a slide, were the number
of violations.
That's correct.
it. Okay. And then did the owner ever reach out to you as any of the downtown
officers to talk about what was going on at the restaurant or how they could
change things or address the violations? Mr. Ruffridge did reach out to me. I
spoke with him this afternoon. Um, the second half of your question is that
that conversation did not include measures that he could take to solidify
better business plan or become a better actor. Okay those are my questions for
now. Thank you very much Councilmember Silva. Thank you very much thanks to both
the city attorney staff and to the police department and the Downtown
Business Association I know is well represented back there so I'm sure we'll
hear from you all. So sometimes these things are a bit confusing because the
The entity that requests the administrative use permit is the business operator owner,
yet they, in this case, as in many cases, the operator of the business is different
from the owner of the property, yet the administrative use permit actually goes with the property,
so we're in this conundrum of he's lost his lease, I presume, because he's been locked
out.
It is locked up tighter than a drum.
I walked by it this morning, and it looks a little dark.
So what are we really being asked to do?
Because these are serious violations.
I'll go to a different question.
The violations, OK, let's say there's
a new potential operator that would get
a lease from the property owner.
What is the ABC going to require for a new business
to serve alcohol.
I've seen the signs on the doors and the windows.
It seems that they have to go through a proper process,
even if they change their business name,
and it's the same person.
Am I misreading those signs?
No, and it's a great question.
The answer is it depends.
And it depends on who's on the license
and who was taken to sanction for violating
the conditions of the ABC license.
In this case, the owner of the business
is not on the ABC license.
Who's on the ABC license?
I don't remember the name off the top of my head.
But it's somebody from a previous,
that's the other thing going on
where you actually just keep reading.
If you only go back to 2012, you're like,
there's a revolving door going on here.
And a sliding door is the entrance,
so that the irony doesn't escape me.
I see what you did there.
other establishments in this community with even later bar hours have
consistent ownership of the property and consistent ownership of the business
this seems to have inconsistency I would agree so what are we really being
asked to do here tonight because the owner is out of business if he has no
location for a business he's effectively out of business is he not correct and
I'm gonna turn the rest of that over to.
So I wanna know is what can we do to the owner
of the business to preclude him if we so desired
to come back under a different name?
And in this location or another location
and what can we do to protect the property owner
and the property and the community from the next business
just picking up and proceeding forward?
So I'll work a little bit backwards from your question.
So the second part of your question referred
to the property owner.
And the property owner is the same property owner,
which I believe you actually pointed out Council Member Silva
as the property owner when Redux Lounge was in operation.
And so it seems that we're also seeing a pattern
of this property owner not picking exactly
the best tenants for their building.
And so there is merit to having a conversation
with the property owner should this owner obtain
a new tenant for this property.
And if a new AUP application were to be submitted
for this property, that record would be there
in front of the Planning Commission or in this case,
if it was an AUP, it would be in front
of the Community Development Department
as they approve these permit applications.
And so, Chip, if you have anything else to add to it, okay.
So if we did nothing tonight and didn't revoke the AUP on the property effectively, then
a new business owner could come in and just pick up where they left off.
If they left off, that is correct.
And if we revoke the AUP, a new business owner will be required to come through this process,
and are we allowed to make it harder to get an AUP, or do we just have to follow the same
rules of which they go through it's administrative they go to the planning department and we keep
our fingers crossed. If I could jump in on there because I think it'd be helpful to maybe
and we had some public comment on this as well about the amount of police resources
that were being devoted to this establishment to have a refresher quite a little primer
on kind of the revisions that we made I don't know 10 years ago now in terms of the permitting
process for alcohol establishments?
Correct.
The council did.
Okay.
I'll ask that question.
So the council did modify the regulations previously and made the process for consideration
of AUPs more administrative and delegated down to the community development department.
So if the council were to adopt, to revoke the AUP, to uphold the planning commission's
determination to revoke, then any new business that would go in there and that would want
to serve alcohol at that location, it doesn't matter what the business is, would have to
get a new AUP that would have to go through that process, which is the process that the
city has established now.
There was a question about whether you could make it harder to get an AUP.
That would require an amendment by the council to the city's process.
So right now, if you revoke this evening, there's no AUP associated with that property.
removed as a right and anybody who comes in would have to get a new AUP. If you
want to make it harder we'd have to come back with an amendment to the codes.
They would have to come in and get a discretionary permit from the city. They
couldn't couldn't sell alcohol up to 11 p.m. without some sort of permit from
the city. That is correct. That we can that the Planning Commission can impose or
staff can impose conditions on. That's correct. Is it staff or is it the
planning commission?
At the initial level, the AUP, it's staff.
So at the AUP level, it's staff, which is alcohol service until 11 p.m., but after
11 p.m., then it requires a conditional use permit, which goes to the planning commission
for this.
And this AUP that was issued in early 2020 was for up to 11 p.m. and we've had these
level of challenges. Correct. And in a go forward the so you know as part of the process you know
there's scrutiny that happens with regard to the police department looking at records and so forth
and then also within the community development department to try and do our best to ensure that
these situations don't happen. But when they do, this is the process that we need to go through
in order to remedy it. And again, circling back to the ABC license, you can't, our hours are irrelevant
if you can't get an ABC license. That's correct. You need an ABC license to be able to serve alcohol.
And for the for that other portion of the primer, just because the state law says you can serve
alcohol up to 2 a.m. because we're considered a saturated community. We have, I don't know,
it's some formula. We have a lot of alcohol serving businesses. Then the ABC also asks us to weigh in
and set the hours. That is correct and if Captain Hibbs wants to add to that, but that's correct.
We do have what's referred to, I think, as an oversaturated area and that's really just an
indication that you have a larger number of alcohol serving establishments in a smaller area.
I've got a question regarding alcohol specifically. We see different licenses.
Some of them are full alcohol license with spirits. Others are just beer and wine. A lot
of those are restaurants. We're talking about an AUP that covers all beer and wine as well.
That's correct. And so...
to be clarified can just add to that the city is acting in its regulatory land use capacity
so we're saying you can either serve alcohol or not until 11 o'clock the type of alcohol that
is served is an abc license determination so are we and i guess this may be for staff more than
either are we should we uphold uphold the planning commission decision on this and reject the appeal
are we putting a hardship on a potential
good actor restaurant to be able to operate a business there?
Staff does not believe that you are because you have an
AUP process that people can apply through. It's administrative,
it's at the staff level and it allows us to impose
appropriate conditions on that use. So this hearing that we have before us
tonight is because they violated those
conditions. We said they couldn't serve after 11, you couldn't
have public intoxication, et cetera.
And so we don't believe that's an undue burden
to place on even a new business that would come in.
All of your other businesses downtown
that are not deemed to prove it already
have complied with that process.
And the folks from WCD may want to speak more to that issue,
but from a staff perspective,
we do not think that's an undue burden.
And as the council recall,
going back to an earlier question,
the process we have in place right now
actually is more streamlined than it used to be.
So this is more business-friendly, if you will, than what existed previously.
So there's several new businesses downtown that previously were just retail, nothing
to do with food or alcohol, and now they are serving some alcohol.
That was, and this would be similar, just normal standard operating procedure for applying
for an AUP.
Okay.
Thank you.
Councilmember, did you have any questions?
I was curious about the oversaturation issue.
So if, you know, state law allows alcohol to be served until 2 a.m., but we're designated
oversaturated so then does everybody who gets an ABC license start off at the 11 p.m. then
in Walnut Creek, is that our standard operating?
So the city has two types of permits, the alcohol use permit which is 11pm cutoff time
for alcohol, sales, service and consumption across the board.
And then there's also a conditional use permit for those establishments that want to serve
past 11pm and they may be allowed to serve up until 2am depending on whether or not the
Planning Commission allows for it.
And it's been the city's practice to first have a business establishment if they want
to sell past 11 p.m.
They still have to, it's been the city's practice
to grant them an AUP first and see how they do,
see how well they are able to abide
by the conditions of approval set forth in an AUP.
Okay, can you abide by the conditions up until 11 p.m.?
Okay, then we give them a chance to set a record
that speaks for themselves and then the applicant
can come back after some time and then apply for a CUP
if they wish to extend those hours of service.
What are we usually six months, a year, two years?
What's the normal for that?
It varies depending on the types of the use.
And I would just add to the categories
that Camilla is talking about.
The city also has some businesses in the downtown
that are called deemed approved businesses.
And they're businesses that have had the right to sell alcohol
later for a long time.
And so the city recognized that right.
They're still subject to the requirement
that they don't operate their business in a manner that
constitutes a nuisance.
but there are businesses, and I don't know, Ryan,
if you can speak to how many there are,
but there are some businesses downtown,
or Erica, if you or your staff can.
This one was redecks.
That was a deemed approved of business before 2016.
And if I may, if I could just add to your question there,
Council Member Davini.
So the standard process, as our attorney noted here,
is to start with an administrative use permit
that allows until 11, generally, for about a year or so,
but we do have some exceptions to that,
And actually, there were a few recently
that were granted conditional use permits
that are new businesses to operate later.
And that's because they are operated by managers or owners
who have an established track record
of running a good business with other businesses
here in Walnut Creek or in other cities.
And therefore, they were allowed to operate
and sell a call later than 11 p.m. from the start.
But that's more the exception than the rule.
Okay, and then is there a cap on how many licenses
can be sold in Walnut Creek or in the downtown area?
Are those their limits on that?
Are these considered like a commodity, right?
Like you might at some point reach that point
and new businesses wouldn't be able to have them.
Yeah, they are transferred from one to another,
but maybe the chief can speak really a little bit more
to the oversaturation issue.
Sure, Jamie Knox, chief of police.
So initially up front what occurs is any time a business wants to sell alcohol, they will
apply for an ABC license.
That application is then sent to the police chief of that municipality and typically we
designate that and in this case it's our investigations commander.
We do an analysis of crime in the area and it depends on the license type but we've generally
been very pro-business.
So yes, we would be considered oversaturated, but a majority of the licenses are not, you
know, bars serving till 2 a.m.
A majority of the licenses are restaurant establishments.
But the first step is to have the chief of the municipal government approve that ABC
license, and it's got to be transferred to their name.
In this particular case—correct me if I'm wrong—I believe that this current ABC license
is not even in Mr. Refridge's name, it's in someone else's name.
So they never went through the proper license transfer at the state level.
And if I recall right, the oversaturation means that ABC probably won't issue any more
Type 41s or just 47s here, is that correct?
Not necessarily.
It's really, they really leave it up to the entity to make that decision.
and I've worked at five different cities and four cities
have an involvement in something like this.
They typically will notice you that,
hey, you have quite a few,
especially if they're liquor stores or on sale bars
that serve until 2 a.m.
And they'll list the other types.
And yeah, there's a general rule of thumb.
You typically don't want four or five
in a one block radius,
but they really leave it up
to the discretion of the chief.
But we haven't had any new type 41 license.
No, that's correct.
All right, any more questions?
Speaking of type 41s, my only question
is the type 47 license for this spot still in force,
or has it been revoked?
Do we know?
At the state level?
Yeah.
There's an open investigation.
They just work a little slower than we do.
That's what I thought.
All right.
Well, thank you.
I think that's it for questions now.
We'll open it up to public comment and then bring it back to the council.
Anyone?
Good evening Mayor Darlene, Kathy Hemmenway, Executive Director with the Walnut Creek Downtown
Association.
We've had this business contact our office regularly beyond this particular incident
or list of incidents and at this point with the Walnut Creek downtown's stance on this
particular situation. While we are very pro-business and we want all of our
businesses to succeed, our feeling right now is that the safety of the public and
the downtown employees and even DIE Notch's employees is what's most
important and we're in support of the revocation. Thank you. Thank you very much.
Seeing nothing else. Madam Mayor, if I may just add one more comment too, because
as the council did receive that communication
from Mr. Refridge tonight
that he was not able to attend the meeting.
As some of the council members are aware,
because you've watched the Planning Commission meeting,
maybe all of you have,
Mr. Refridge did speak for 15 minutes
at the Planning Commission
and had the opportunity to lay out all of his rationale
for the reasons why he thought that the AUP
should not be revoked.
And the Planning Commission did consider that,
that's part of your administrative record.
As well tonight, he did not, as Kamiya has indicated,
he did not at all address the specific issues
beyond generalizations about doing better.
There was no specific plan,
as we have seen from other restaurants and bars
that have been ultimately brought before the City Council,
the Planning Commission,
where they came in with a plan of action to make changes.
Mr. Refridge never offered any of those.
And so I would just share with the council
that there's been ample opportunity for his side
of the story to have been presented
to the public hearing process.
I think what you're saying is he was given an opportunity,
we have a complete record that includes all
of his information and we have all considered.
That's correct, and he was aware of this meeting
since the meeting was noticed.
So he's known that it's been on calendar
since we issued the meeting notice.
Okay, thank you.
Bring it back to council, Council Member Francois
if you wanna start.
I appreciate the amount of staff time that went into this,
the diligence that went into documenting all the violations,
the police department for being there
as many times as they were.
I'm concerned when I hear that
because I know then you're not out in the neighborhoods
or out downtown or making sure that the downtown's safe
for people that are just going out to eat dinner or shop
or spend some time with family.
So I think that given the volume
in terms of the number of violations that we've received.
The seriousness of the violations,
you know, public intoxication by the owner
and an arrest for that plus violations of state law
by selling alcohol after two a.m.
are very concerning to me and troubling.
I think that there were numerous opportunities
for this owner to rectify the situation after the first violation and the number
of violations increased, there was an opportunity for the owner to lay
out in the appeal documentation why it was he felt
that the planning commission didn't reach the right decision and we don't have that.
We don't have any really rational or reason why we should take any action other than what seems
me to be a very prudent, reasonable action by a unanimous planning commission to revoke the AUP.
You know, I would encourage having been on the planning commission before the council,
we've dealt with one on the council, a deemed approved, I think it was deemed approved,
relatively recently that there's a lot of value that I place in those quarterly downtown meetings
that most bar owners participate in regularly with Walnut Creek downtown and the police department
and it helps resolve a lot of issues and I think I would encourage every every bar operator
in Walnut Creek to do that and but to the extent that they don't it then we will do our job
and the police will do their job in terms of documenting the violations and issuing the
notices a violation so I'm in support of the Planning Commission action and will
be voting to deny the appeal and uphold the revocation of the AUP. Thank you. I'm
gonna turn to Councilmember Definning. Thank you Camilla for that presentations
very thorough and thank you to the Planning Commission for seeing this the
Police Department for addressing these issues and I want to also thank the
Walnut Creek downtown Association for for sticking it out through this whole
meeting so that they could be here and support the the betterment of the
downtown and and definitely shows your commitment to that so I appreciate you
being here. I am also in favor of upholding the Planning Commission's
position for many of the reasons just stated and so I'll leave it at that thank
you councilmember Silva thank you again to our city attorney's office our
planning department and our police department for all of the work you've
had to put in on this we are a pro-business community and to be a
pro-business community doesn't mean you allow anybody to do anything they want
anytime anywhere. It means that you have to expect business operators to uphold
reasonable operating requirements so that it's a level playing field and a
fairness and safe for the community and other business owners. Last Friday night
my husband and I were downtown having dinner and a restaurant owner, long-time
restaurant owner, came out from the kitchen in the middle of Friday dinner
I said Cindy I need to talk to you you need to revoke that AUP because it is an
unfair what's going on it is disruptive and despite repeated
attempts on that property owner and business owners efforts to get the
behavior to change it was ignored. So even the business community reaching out
has been to no avail. It is appropriate to require this business to
operate with the same operating standards as the other business that
are restaurants because this is not a bar by the way this is not a type 41 am
I going to quote my number right it's a type 47 is supposed to be serving food
at a 40% level it's not supposed to be making its money off the till and a
dance club and that's more of what was going on so it is only business a pro
business stance is to revoke the AUP and to hope that the property owner, in this
case, will find a better tenant. Thank you. Thank you to everyone that for your
input on this from our city staff and city attorney's office, the police
department. I've been hearing about this business for a year and a half of
of problems that were happening there.
And the police were on it then, they were talking to,
I believe they were talking to the owner or management there.
And so this is not something that has done just knee-jerk,
and we're gonna look at this for a week
and then we're gonna make a decision.
There's months and months and months,
and in this case, well over a year of reports on this.
And dozens of reports to the extent that any manager
of an establishment, certainly an owner,
is going to recognize that
and realize they have to take action.
We've had things come to the council before
with another nighttime establishment,
where in many cases the owner wasn't on premises
and there were problems that occurred frequently.
We do want business here.
And I really appreciate the fact that Walnut Creek
is really the only city within about a 10 mile radius
that has an active nightlife.
And that's great because kids that are children,
once they're in their 20s,
they don't have to necessarily go to Oakland or San Francisco.
They can stay local.
Uber is really easy.
And so the fact that we have these opportunities here,
I think it's a good thing.
We don't want Walnut Creek to shut down at eight o'clock
and that's it.
But we have to have good operators here.
And when good operators aren't here,
then there's a domino effect.
We get worse actors that come in.
We get difficult crowds.
We get problems.
The police are involved.
And we don't have an unlimited amount
of police that are available.
We have those that are on duty at night.
We have more on the weekend nights.
But if they're constantly at one or two establishments only,
then they're not in the other areas downtown
protecting people, and they're not even able to be
in the rest of the city in the neighborhoods.
So I do appreciate the work that's been done.
This is, I think in my opinion,
this is something that is as egregious as I've seen.
There's no way that we can have an operator
that has continuously flagrantly violated
our own city regulations and state law.
That just isn't going to happen in Walnut Creek.
Those restaurants and establishments
that serve alcohol at night here,
that are looking for a nighttime crowd to come,
please take notice of this.
We will hold you accountable.
And I will be voting to uphold
the Planning Commission decision as well.
Thank you and thank you to everybody here tonight.
It's always a tough one
when we have to deal with one of these.
And so I wanna, since some business owners
might be watching this because they're curious
what this was about, I wanna get the message out.
It is not just calls for service
that leads to where we are tonight.
It's calls for service with no follow-up
with the city, with the police department
about what can I do better?
What, you know, I had a problem last night.
What can I do better?
How can I do better?
And that's council member Francois urging people
to work with Walnut Creek downtown,
work with the police department.
don't follow the siren song of if you sell a lot of alcohol yes you can make a lot of money
but it's not what a type 47 license is it's not what the city of walnut creek is looking for
we are looking for places that are lively nighttime venues but retain that character
and don't push the public safety so far off the off the edge so if you if you're getting attention
get help and we are always willing to do that and with that I'm going to move to
adopt the resolution denying an appeal of Planning Commission's action
and affirming the revocation of AUP for Dia Inoche.
Second. Mayor Darling. Aye. Mayor Pro Tem Wilk. Aye. Councilmember Davini. Aye. Councilmember
Francois. Aye. Councilmember Silva. Yes. Motion carries unanimously.
Thank you all and with that we are adjourned thank you for all your efforts.